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Full text of "Country reports on human rights practices : report submitted to the Committee on Foreign Affairs, U.S. House of Representatives and Committee on Foreign Relations, U.S. Senate by the Department of State in accordance with sections 116(d) and 502B(b) of the Foreign Assistance Act of 1961, as amended"

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lOOth  Congress    1  f  S.  Prt. 

1st  Session  JOINT  COMMITTEE  PRINT  ^^^_^^ 


COUNTRY  REPORTS  ON  HUMAN 
RIGHTS  PRACTICES  FOR  1986 


REPORT 


SUBMITTED  TO  THE 


COMMITTEE  ON  FOREIGN  RELATIONS 
U.S.  SENATE 

AND 

COMMITTEE  ON  FOREIGN  AFFAIRS 
U.S.  HOUSE  OF  REPRESENTATIVES 

BY  THE 

DEPARTMENT  OF  STATE 

IN  ACCORDANCE  WITH  SECTIONS  116(d)  AND  502B(b)  OF  THE 
FOREIGN  ASSISTANCE  ACT  OF  1961,  AS  AMENDED 


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l,t  Session        I  JOINT  COMMITTEE  PRINT  ,  ,„„_,^ 


COUNTRY  REPORTS  ON  HUMAN 
RIGHTS  PRACTICES  FOR  1986 


REPORT 


SUBMITTED  TO  THE 


COMMITTEE  ON  FOREIGN  RELATIONS 
U.S.  SENATE 


COMMITTEE  ON  FOREIGN  AFFAIRS 
U.S.  HOUSE  OF  REPRESENTATIVES 

BY  THE 

DEPARTMENT  OF  STATE 

IN  ACCORDANCE  WITH  SECTIONS  116(d)  AND  502B(b)  OF  THE 
FOREIGN  ASSISTANCE  ACT  OF  1961,  AS  AMENDED 


FEBRUARY  1987 


Printed  for  the  use  of  the  Committees  on  Foreign  Relations  and  Foreign 
Affairs  of  the  Senate  and  the  House  of  Representatives  respectively 


U.S.  GOVERNMENT  PRINTING  OFFICE 
fi(i-98H  O  WASHINGTON  :    1987 


For  sale  by  the  Superintendent  of  Documents,  Congressional  Sales  Office 
U.S.  Government  Printing  Onice,  Washington.  DC  20402 


COMMITTEE  ON  FOREIGN  RELATIONS 
CLAIBORNE  PELL,  Rhode  Island,  Chairman 


JOSEPH  R.  BIDEN,  Jr.,  Delaware 
PAUL  S.  SARBANES,  Maryland 
EDWARD  ZORINSKY,  Nebraska 
ALAN  CRANSTON,  California 
CHRISTOPHER  J.  DODD,  Connecticut 
JOHN  F.  KERRY,  Massachusetts 
PAUL  SIMON,  Illinois 
TERRY  SANFORD,  North  Carolina 
BROCK  ADAMS,  Washington 
DANIEL  P.  MOYNIHAN,  New  York 


JESSE  HELMS,  North  Carolina 
RICHARD  G.  LUGAR,  Indiana 
NANCY  L.  KASSEBAUM,  Kansas 
RUDY  BOSCHWITZ,  Minnesota 
LARRY  PRESSLER,  South  Dakota 
FRANK  H.  MURKOWSKI,  Alaska 
PAUL  S.  TRIBLE,  Jr.,  Virginia 
DANIEL  J.  EVANS,  Washington 
MITCH  McCONNELL,  Kentucky 


Geryld  B.  Christianson,  Staff  Director 
James  P.  Lucier,  Minority  Staff  Director 


COMMITTEE  ON  FOREIGN  AFFAIRS 
DANTE  B.  FASCELL,  Florida,  Chairman 


LEE  H.  HAMILTON,  Indiana 

GUS  YATRON,  Pennsylvania 

STEPHEN  J.  SOLARZ,  New  York 

DON  BONKER,  Washington 

GERRY  E.  STUDDS,  Massachusetts 

DAN  MICA,  Florida 

HOWARD  WOLPE,  Michigan 

GEO.  W.  CROCKETT,  Jr.,  Michigan 

SAM  GEJDENSON,  Connecticut 

MERVYN  M.  DYMALLY,  California 

TOM  LANTOS,  California 

PETER  H.  KOSTMAYER,  Pennsylvania 

ROBERT  G.  TORRICELLI,  New  Jersey 

LAWRENCE  J.  SMITH,  Florida 

HOWARD  L.  BERMAN,  California 

MEL  LEVINE,  California 

EDWARD  F.  FEIGHAN,  Ohio 

TED  WEISS,  New  York 

GARY  L.  ACKERMAN,  New  York 

MORRIS  K.  UDALL,  Arizona 

CHESTER  G.  ATKINS,  Massachusetts 

JAMES  McCLURE  CLARKE,  North  Carolina 

JAIME  B.  FUSTER,  Puerto  Rico 

JAMES  H.  BILBRAY,  Nevada 

WAYNE  OWENS,  Utah 

FOFO  I.F.  SUNIA,  American  Samoa 


WILLIAM  S.  BROOMFIELD,  Michigan 
BENJAMIN  A.  OILMAN,  New  York 
ROBERT  J.  LAGOMARSINO,  California 
JIM  LEACH,  Iowa 
TOBY  ROTH,  Wisconsin 
OLYMPIA  J.  SNOWE,  Maine 
HENRY  J.  HYDE,  Illinois 
GERALD  B.H.  SOLOMON,  New  York 
DOUG  BEREUTER,  Nebraska 
ROBERT  K.  DORNAN,  California 
CHRISTOPHER  H.  SMITH,  New  Jersey 
CONNIE  MACK,  Florida 
MICHAEL  DeWINE,  Ohio 
DAN  BURTON,  Indiana 
JAN  MEYERS,  Kansas 
JOHN  MILLER,  Washington 
DONALD  E.  "BUZ"  LUKENS,  Ohio 
BEN  BLAZ,  Guam 


John  J.  Brady,  Jr.,  Chief  of  Staff 
Steven  K.  Berry,  Minority  Staff  Director 


(II) 


FOREWORD 


The  reports  on  individual  country  human  rights  practices  con- 
tained herein  were  prepared  by  the  Department  of  State  in  accord- 
ance with  sections  116(d)  and  502B(b)  of  the  Foreign  Assistance  Act 
of  1961,  as  amended.  They  also  fulfill  the  legislative  requirement  of 
section  31  of  the  Bretton  Woods  Agreements  Act. 

Because  there  is  interest  in  human  rights  practices  of  all  na- 
tions— those  that  receive  U.S.  foreign  assistance  and  those  that  do 
not — these  reports  are  being  printed  to  assist  Members  of  Congress 
in  considering  legislation  in  the  area  of  foreign  assistance. 

Claiborne  Pell, 
Chairman,  Committee  on  Foreign  Relations, 
Dante  B.  Fascell, 
Chairman,  Committee  on  Foreign  Affairs. 


LETTER  OF  TRANSMITTAL 


Department  of  State, 
Washington,  DC,  January  31,  1987. 
Hon.  Claiborne  Pell, 

Chairman,  Committee  on  Foreign  Relations, 
Hon.  Jim  Wright, 
Speaker,  House  of  Representatives. 

Dear  Sirs:  I  have  the  distinct  honor  to  present  the  report  pre- 
pared in  compHance  with  sections  116(d)(1)  and  502B(b)  of  the  For- 
eign Assistance  Act  of  1961,  as  amended,  and  section  505(c)  of  the 
Trade  Act  of  1974,  as  amended. 
With  best  wishes. 
Sincerely, 

J.  Edward  Fox, 
Assistant  Secretary, 
Legislative  and  Intergovernmental  Affairs. 
Enclosure. 

(V) 


CONTENTS 


Page 

Foreword "^ 

Letter  of  Transmittal v 

Introduction 1 

Africa: 

Angola 5 

Benin 1^ 

Botswana 1° 

Burkina  Faso 25 

Burundi 32 

Cameroon 40 

Cape  Verde 48 

Central  African  Republic 55 

Chad 62 

Comoros '0 

Congo 75 

Cote  d  Ivoire °^ 

Djibouti 90 

Equatorial  Guinea 96 

Ethiopia 102 

Gabon 113 

Gambia,  The 119 

Ghana 125 

Guinea 133 

Guinea-Bissau 140 

Kenya 146 

Lesotho 154 

Liberia 162 

Madagascar 1*^4 

Malawi 181 

Mali 188 

Mauritania 194 

Mauritius 203 

Mozambique 209 

Niger 218 

Nigeria 225 

Rwanda 236 

Sao  Tome  and  Principe 243 

Senegal 248 

Seychelles 255 

Sierra  Leone 261 

Somalia v 267 

South  Africa 274 

Namibia,  International  Territories  of 296 

Sudan 308 

Swaziland 318 

Tanzania 326 

Togo 336 

Uganda 344 

Zaire 353 

Zambia 364 

Zimbabwe 371 

Central  and  South  America: 

Antiqua  and  Barbuda 383 

Argentina 386 


VIII 

Central  and  South  America — Continued  ^^^ 

Bahamas 394 

Barbados 399 

Belize 403 

Bolivia 408 

Brazil 416 

Chile 425 

Colombia 444 

Costa  Rica 453 

Cuba 459 

Dominica 469 

Dominican  Republic 473 

Ecuador 481 

El  Salvador 489 

Grenada 504 

Guatemala 509 

Guyana 524 

Haiti 533 

Honduras 543 

Jamaica 551 

Mexico 559 

Nicaragua 569 

Panama 587 

Paraguay 598 

Peru 611 

St.  Christopher  and  Nevis 622 

St.  Lucia 625 

St.  Vincent  and  the  Grenadines 628 

Suriname 631 

Trinidad  and  Tobago 639 

Uruguay 644 

Venezuela 650 

East  Asia  and  the  Pacific: 

Australia 656 

Brunei 659 

Burma 663 

Cambodia 672 

China 683 

China  (Taiwan  only) 698 

Fiji 711 

Indonesia 716 

Japan 729 

Kiribati 734 

Korea,  Democratic  People's  Republic  of 737 

Korea,  Republic  of 744 

Laos 759 

Malaysia 768 

Mongolia 777 

Nauru 781 

New  Zealand 784 

Papua  New  Guinea 787 

Philippines 793 

Singapore 807 

Solomon  Islands 815 

Thailand 819 

Tonga 830 

Vanuatu 833 

Vietnam 836 

Western  Samoa 846 

Europe  and  North  America: 

Albania 851 

Austria 857 

Belgium 863 

Bulgaria 869 

Canada 878 

Cyprus 881 

Czechoslovakia 888 

Denmark 900 


IX 


Europe  and  North  America — Continued   /  ^^ 

Estonia 904 

Finland 908 

France 913 

German  Democratic  Republic 918 

Germany,  Federal  Republic  of 927 

Greece » 932 

Hungary 940 

Iceland 950 

Ireland 953 

Italy 959 

Latvia 965 

Lithuania 969 

Luxembourg 974 

Malta 977 

Netherlands,  The 983 

Norway 987 

Poland 992 

Portugal 1006 

Romania 1012 

Spain 1024 

Sweden 1030 

Switzerland 1034 

Turkey 1038 

Union  of  Soviet  Socialist  Republics 1054 

United  Kingdom 1072 

Yugoslavia 1082 

Near  East,  North  Africa,  and  South  Asia: 

Afghanistan 1094 

Algeria 1102 

Bahrain 1110 

Bangladesh 1114 

Bhutan 1124 

Egypt 1130 

India 1146 

Iran 1156 

Iraq 1166 

Israel  and  the  occupied  territories 1175 

Jordan 1196 

Kuwait 1205 

Lebanon 1216 

Libya 1224 

Maldives 1231 

Morocco 1238 

The  Western  Sahara 1248 

Nepal : 1251 

Oman 1259 

Pakistan 1265 

Qatar 1279 

Saudi  Arabia 1284 

Sri  Lanka 1293 

Syria 1308 

Tunisia 1316 

United  Arab  Emirates 1325 

Yemen  Arab  Republic 1330 

Yemen,  People's  Democratic  Republic  of. 1338 

Appendixes: 

A.  Notes  on  preparation  of  the  reports 1343 

B.  Reporting  on  worker  rights 1346 

C.  Selected  international  human  rights  agreements 1348 

D.  Explanation  of  statistical  tables 1355 


COUNTRY  REPORTS  ON  HUMAN  RIGHTS 
PRACTICES 


INTRODUCTION 

1986  HtJinan  Rights  Report 

This  report  is  submitted  to  the  Congress  by  the  Department  of 
State  in  compliance  with  Sections  116(d)(1)  and  502B(b)  of  the 
Foreign  Assistance  Act  of  1961,  as  amended.*   The  legislation 
requires  human  rights  reports  on  all  countries  that  receive 
aid  from  the  United  States  and  all  countries  that  are  members 
of  the  United  Nations.   In  the  belief  that  the  information 
would  be  useful  to  the  Congress  and  other  readers,  we  have 
also  included  reports  on  countries  which  do  not  fall  into 
either  of  these  categories  and  which  are  thus  not  covered  by 
the  Congressional  requirement. 

A  cast  of  hundreds  has  once  again  produced  our  annual  country 
reports  on  human  rights.   Special  thanks  go  to  the  human  rights 
officers  in  our  posts  abroad  whose  responsibility  it  is  to 
write  the  initial  drafts.   Note  also  has  to  be  taken  this  year 
of  the  fact  that  the  endeavors  of  two  of  them,  Michael  Matera 
in  Moscow  and  Daniel  Grossman  in  Leningrad,  resulted  in  the 
interruption  of  their  careers  as  the  Soviet  Government  declared 
them  persona  non  grata. 

As  we  again  survey  human  rights  conditions  in  the  world,  we  are 
once  more  struck  by  the  close  correlation  between  the  existence 
of  a  democratic  form  of  governm.ent  and  respect  for  the 
integrity  of  the  person.   In  1986  we  are  pleased  to  note  the 
further  consolidation  of  democratic  rule  throughout  Latin 
America  as  Guatemala  elected  a  new  government  and  the  Haitian 
dictatorship  came  to  an  end.   Only  a  small  handful  of  countries 
in  the  Western  Hemisphere  remain  under  dictatorial  rule  and 
practice  the  human  rights  deprivations  with  which  dictatorships 


*   Section  116(d)(1)  of  the  Foreign  Assistance  Act  provides  as 
follows : 

"The  Secretary  of  State  shall  transmit  to  the  Speaker  of  the 

House  of  Representatives  and  the  Committee  on  Foreign  Relations 

of  the  Senate,  by  January  31  of  each  year,  a  full  and  complete 
report  regarding  — 

"(1)   the  status  of  internationally  recognized  human 
rights,  within  the  meaning  of  subsection  (a)  — 

(A)  in  countries  that  received  assistance  under  this 
part,  and 

(B)  in  all  other  foreign  countries  which  are  members  of 
the  United  Nations  and  which  are  not  otherwise  the  subject  of 
a  human  rights  report  under  this  Act." 

Section  502(B) (b)  of  the  Foreign  Assistance  Act  provides  as 
follows : 

"The  Secretary  of  State  shall  transmit  to  Congress,  as  part  of 
the  presentation  materials  for  security  assistance  programs 
proposed  for  each  fiscal  year,  a  full  and  complete  report, 
prepared  with  the  assistance  of  the  Assistant  Secretary  of 
State  for  Human  Rights  and  Humanitarian  Affairs,  with  respect 
to  practices  regarding  the  observance  of  and  respect  for 
internationally  recognized  human  rights  in  each  country 
proposed  as  a  recipient  of  security  assistance." 

(1) 


are  associated.   The  spectacular  shift  to  democracy  throughout 
Latin  America  during  the  last  5  years  is  indeed  most  gratifying 
to  all  those  committed  to  the  cause  of  human  rights. 

We  are  pleased  also  with  the  return  of  the  Philippines  to  the 
democratic  fold  and  the  renewed  respect  for  the  rights  of  the 
individual  in  that  country.   Some  progress  has  also  been 
registered  in  a  few  other  states,  but  at  the  same  time  we  have 
witnessed  serious  regression  in  South  Africa  and  the 
continuation  of  bleak  and  stultifying  dictatorial  rule  in  a 
great  many  other  countries.   The  details  are  set  forth  herein. 

This  year  there  are  167  separate  reports.   Conditions  in  most 
countries  are  described  to  the  end  of  1986;  for  a  few 
countries,  significant  developments  occurring  during  the  first 
weeks  of  1987  are  also  included.   The  guidelines  followed  in 
preparing  the  reports  are  explained  in  detail  in  Appendix  A. 
In  Appendix  B  is  a  discussion  of  reporting  on  worker  rights. 
Appendix  C  contains  a  list  of  12  international  human  rights 
covenants  and  agreements.   Appendix  D  is  an  explanation  of  the 
statistical  tables  following  the  reports  on  countries  which 
received  United  States  bilateral  assistance  within  the  last  3 
fiscal  years. 

The  1986  reports  include  for  the  second  time  additional 
information  on  worker  rights,  as  required  by  Section  505(c)  of 
the  Trade  Act  of  1974,  as  amended  by  Title  V  of  the  Trade  and 
Tariff  Act  of  1984  (Generalized  System  of  Preferences  Renewal 
Act  of  1984).*   Although  the  legislation  requires  reports  on 
worker  rights  only  in  developing  countries  that  have  been 
beneficiaries  under  the  Generalized  System  of  Preferences,  in 
the  interest  of  uniformity,  and  to  provide  a  ready  basis  for 
comparison,  we  have  here  applied  the  same  reporting  standards 
that  we  have  applied  to  all  countries  on  which  we  prepare 
reports . 

Definition  of  Human  Rights 

Human  rights,  as  defined  in  Section  116(a)  of  the  Foreign 
Assistance  Act,  include  freedom  from  torture  or  cruel,  inhuman 
or  degrading  treatment  or  punishment;  prolonged  detention 
without  charges;  disappearance  due  to  abduction  or  clandestine 
detention;  and  other  flagrant  denial  of  the  rights  to  life, 
liberty,  and  the  security  of  person.   Internationally 
recognized  worker  rights,  as  defined  in  Section  502(a)  of  the 
Trade  Act,  include  (A)  the  right  of  association;  (B)  the  right 
to  organize  and  bargain  collectively;  (C)  prohibition  on  the 
use  of  any  form  of  forced  or  compulsory  labor;  (D)  a  minimum 
age  for  the  employment  of  children;  and  (E)  acceptable 
conditions  of  work  with  respect  to  minimum  wages,  hours  of 
work,  occupational  safety  and  health.   (Categories  A  and  B  are 
covered  in  Section  2.b.  of  each  report,  C  in  Section  l.d.,  and 
D  and  E  in  a  final  section.  Conditions  of  Labor.) 

In  addition  to  discussing  the  topics  specified  in  the 
legislation,  our  reports,  as  in  previous  years,  cover  other 
internationally  recognized  political  and  civil  rights  and 
describe  the  political  system  of  each  country.   We  have  altered 
our  previous  discussion  of  the  economic,  social,  and  cultural 
situation  by  focusing  on  the  issue  of  discrimination  in  these 
fields . 


*   Section  505(c)  of  the  Trade  Act  provides  as  follows: 

"The  President  shall  submit  an  annual  report  to  the  Congress 
on  the  status  of  internationally  recognized  worker  rights 
within  each  beneficiary  developing  country." 


In  applying  these  internationally  recognized  standards,  we 
seek  to  be  objective.   But  the  reports  unashamedly  reflect  the 
U.S.  view  that  the  right  of  self-government  is  a  basic 
political  right,  that  government  is  legitimate  only  when 
grounded  on  the  consent  of  the  governed,  and  that  government 
thus  grounded  should  not  be  used  to  deny  life,  liberty,  and 
the  pursuit  of  happiness.   Individuals  in  a  society  have  the 
inalienable  right  to  be  free  from  governmental  violations  of 
the  integrity  of  the  person;  to  enjoy  civil  liberties  such  as 
freedom  of  expression,  assembly,  religion,  and  movement, 
without  discrimination  based  on  race,  ancestry,  or  sex;  and  to 
change  their  government  by  peaceful  means.   The  reports  also 
take  into  account  the  fact  that  terrorists  and  guerrilla  groups 
often  kill,  torture,  or  maim  citizens  or  deprive  them  of  their 
liberties;  such  violations  are  no  less  reprehensible  if 
committed  by  violent  opponents  of  the  government  than  if 
committed  by  the  government  itself. 

We  have  found  that  the  concept  of  economic,  social,  and 
cultural  rights  is  often  confused,  sometimes  willfully,  by 
repressive  governments  claiming  that  in  order  to  promote  these 
"rights"  they  may  deny  their  citizens  the  right  to  integrity 
of  the  person  as  well  as  political  and  civil  rights.   There 
exists  a  profound  connection  between  human  rights  and  economic 
development.   Experience  demonstrates  that  it  is  individual 
freedom  that  sets  the  stage  for  economic  and  social 
development;  it  is  repression  that  stifles  it.   Those  who  try 
to  justify  subordinating  political  and  civil  rights  on  the 
ground  that  they  are  concentrating  on  economic  aspirations 
invariably  deliver  on  neither.   That  is  why  we  consider  it 
imperative  to  focus  urgent  attention  on  violations  of  basic 
political  and  civil  rights,  a  position  given  renewed  emphasis 
by  the  1984  Congressional  Joint  Resolution  on  Torture. 
If  these  basic  rights  are  not  secured,  experience  has  shown, 
the  goals  of  economic  development  are  not  reached  either. 

United  States  Human  Rights  Policy 

From  this  premise,  that  basic  human  rights  may  not  be  abridged 
or  denied,  it  follows  that  our  human  rights  policy  is  concerned 
with  the  limitations  on  the  powers  of  government  that  are 
reguired  to  protect  the  integrity  and  dignity  of  the 
individual.   Further,  it  is  in  our  national  interest  to  promote 
democratic  processes  in  order  to  help  build  a  world  environment 
more  favorable  to  respect  for  human  rights  and  hence  more 
conducive  to  stability  and  peace.   We  have  developed, 
therefore,  a  dual  policy,  reactive  in  the  sense  that  we 
continue  to  oppose  specific  human  rights  violations  wherever 
they  occur,  but  at  the  same  time  active  in  working  over  the 
long  term  to  strengthen  democracy. 

In  much  of  the  world,  the  United  States  has  a  variety  of  means 
at  its  disposal  to  respond  to  human  rights  violations.   We 
engage  in  traditional  diplomacy,  particularly  with  friendly 
governments,  where  frank  diplomatic  exchanges  are  possible  and 
productive.   Where  we  find  limited  opportunities  for  the  United 
States  to  exert  significant  influence  through  bilateral 
relations,  we  resort  to  public  statements  of  our  concerns, 
calling  attention  to  countries  where  respect  for  human  rights 
is  lacking.   In  a  number  of  instances,  we  employ  a  mixture  of 
traditional  diplomacy  and  public  affirmation  of  American 
interest  in  the  issue. 

The  United  States  also  employs  a  variety  of  means  to  encourage 
greater  respect  for  human  rights  over  the  long  term.   Since 
1983  the  National  Endowment  for  Democracy  has  been  carrying 
out  programs  designed  to  promote  democratic  practices  abroad, 
involving  the  two  major  United  States  political  parties,  labor 
unions,  business  groups »  and  many  private  institutions.   Also, 
through  Section  116(e)  of  the  Foreign  Assistance  Act,  funds 


are  disbursed  by  the  Agency  for  International  Development  for 
programs  designed  to  promote  civil  and  political  rights  abroad. 
We  also  seek  greater  international  commitment  to  the  protection 
of  human  rights  and  respect  for  democracy  through  our  efforts 
in  the  United  Nations  and  other  international  organizations. 

Preparation  of  these  annual  Country  Reports  constitutes  an 
important  element  of  our  human  rights  policy.   The  process, 
since  it  involves  continuous  and  well-publicized  attention  to 
human  rights,  has  contributed  to  the  strengthening  of  an 
international  human  rights  agenda.   Many  countries  that  are 
strong  supporters  of  human  rights  are  taking  steps  of  their 
own  to  engage  in  human  rights  reporting  and  have  established 
offices  specifically  responsible  for  international  human 
rights  policy.   Even  among  countries  without  strong  human 
rights  records,  sensitivity  to  these  reports  increasingly 
takes  the  form  of  constructive  response,  or  at  least  a 
willingness  to  engage  in  a  discussion  of  human  rights  policy. 
Experience  has  thus  demonstrated  that  Congress  did  indeed  act 
wisely  in  calling  upon  the  State  Department  to  prepare  these 
Reports . 


Richard  Schifter 
Assistant  Secretary  of  State 
for  Human  Rights  and  Humanitarian  Affairs 


AFRICA 

ANGOLA* 


The  People's  Republic  of  Angola,  the  regime  established  in 
Luanda  upon  the  withdrawal  of  the  Portuguese  in  1975,  is  ruled 
by  the  only  recognized  political  party,  the  Marxist-Leninist 
Popular  Movement  for  the  Liberation  of  Angola  (MPLA) . 
President  Jose  Eduardo  dos  Santos  is  both  Head  of  State  and 
chief  of  the  MPLA.   His  rule  was  reconfirmed  by  the  MPLA's 
Second  Party  Congress  in  December  1985.   All  major  policy 
decisions  are  made  by  a  small  elite  in  the  MPLA,  which  also 
controls  all  means  of  mass  communication.   Open  political 
dissension  is  not  tolerated. 

Now  in  its  11th  year,  the  internal  conflict  between  the 
Government  and  the  main  opposition  force,  the  National  Union 
for  the  Total  Independence  of  Angola  (UNITA),  again  dominated 
events  in  1986.   The  extension  of  the  war  to  new  areas  in  the 
north  and  the  undiminished  intensity  of  the  fighting  in  the 
south  caused  many  hundreds  of  casualties  on  each  side.   Each 
side  accused  the  other  of  killing  civilians  and  committing 
atrocities.   In  addition,  some  200,000  to  500,000  persons  in 
central,  eastern,  and  southern  Angola  have  been  displaced  from 
their  homes  largely  as  a  result  of  civil  strife. 

A  number  of  deaths  also  occurred  in  the  course  of  hostilities 
between  the  Southwest  Africa  People's  Organization  (SWAPO — a 
Namibian  resistance  movement  with  bases  in  Angola)  and  South 
Africa,  which  controls  the  territory  of  Namibia  on  Angola's 
southern  border.   During  1986  South  Africa  conducted  repeated 
cross-border  raids  into  Angola,  including  a  June  5  raid  on  the 
southern  port  of  Namibe  and  almost  continuous  interventions  in 
pursuit  of  SWAPO  and  in  support  of  UNITA. 

The  Angolan  Government  receives  extensive  military  assistance 
from  the  Soviet  Union — well  over  $4  billion  since  1975 — and  in 
1986  Soviet  advisers  again  played  an  important  role  in  planning 
and  directing  military  operations.   An  estimated  35,000  Cuban 
military  personnel  provide  logistical  support,  training,  and 
advice  to  government  forces  as  well  as  garrison  key  strategic 
population  and  economic  centers.   The  Angolan  armed  forces 
total  approximately  100,000.   UNITA,  led  by  Jonas  Savimbi , 
apparently  has  the  allegiance  of  a  substantial  portion  of  the 
population,  especially  among  Angola's  largest  ethnic  group  the 
Ovimbundu,  and  controls  the  southeastern  quarter  of  Angola's 
territory.   UNITA  has  stated  publicly  that  it  favors  a 
government  of  national  unity  and  has  not  sought  to  establish  an 
alternate  government. 

The  intensification  of  the  fighting  has  devastated  the 
country's  infrastructure,  forced  a  return  to  barter  in  some 
areas,  and  has  led  the  Government  to  divert  most  of  its  assets 
to  the  military.   Payments  to  the  Soviet  Bloc  for  military 
equipment  and  Cuban  combat  troops  are  a  heavy  burden  on  the 
economy.   In  addition,  the  low  world  market  price  of  oil,  the 
principal  source  of  the  Angolan  Government's  revenue  as  well  as 
most  of  its  foreign  exchange,  has  exacerbated  this  serious 
economic  situation.   With  the  end  of  the  drought,  the 
production  of  food  crops  recovered  somewhat  in  1986,  but  the 


*The  United  States  does  not  maintain  diplomatic  relations  with 
the  People's  Republic  of  Angola  and  thus  has  no  diplomatic 
personnel  in  country  to  monitor  human  rights  conditions  or 
evaluate  allegations  of  abuses. 


ANGOLA 

military  conflict  increasingly  interfered  with  harvest  and 
distribution  efforts.   Angola  has  had  to  import  80  percent  of 
its  food  in  recent  years,  at  a  cost  of  about  $300  million  a 
year.   Oil  production  and  exploration  continued,  with  new 
discoveries  reported  in  1986  off  the  northwestern  coast  of 
Angola. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1  Respect  for  the  Integrity  of  the  Person,  Including 
Freedom  from: 

a.  Political  Killing 

The  escalation  of  the  war  in  Angola  has  resulted  in  numerous 
allegations  that  government,  UNITA,  and  South  African  forces 
have  killed  civilians  and  that  the  MPLA  and  UNITA  have  executed 
political  prisoners.   While  it  is  difficult  to  substantiate  the 
various  claims  and  counterclaims,  available  evidence  suggests 
that  both  government  and  UNITA  forces  have  on  occasion 
arbitrarily  executed  prisoners.   The  fighting  has  also  resulted 
in  hundreds  of  civilian  deaths.   Undoubtedly,  some  of  these 
deaths  were  inadvertently  caused  by  military  operations,  but 
others  appear  to  have  been  deliberately  perpetrated  by  opposing 
forces  to  intimidate  civilian  populations.   The  MPLA  and  UNITA 
have  publicly  and  repeatedly  accused  each  other  of  practicing 
terrorism  against  their  respective  opponents,  including  killing 
or  maiming  civilians.   UNITA  has  charged  that  Cuban  forces  have 
also  been  involved  in  attacks  on  civilians.   Civilians  also 
have  died  as  a  result  of  guerrilla  actions,  such  as  attacks  on 
ground  transportation.   There  are  no  reliable  casualty  figures, 
but  upwards  of  10,000  persons  may  have  lost  limbs  as  a  result 
of  indiscriminate  mining. 

b.  Disappearance 

There  is  no  information  to  confirm  that  abductions,  secret 
arrests,  or  clandestine  detentions  are  practiced  by  government 
security  agencies,  or  by  UNITA,  although  both  sides  have 
accused  each  other  of  such  practices. 

c.  Torture  and  Cruel,  Inhuman,  or  Degrading  Treatment  or 
Punishment 

Allegations  of  torture  and  mistreatment  made  by  both  sides 
appear  to  have  some  basis  in  fact.   But  torture  of  opponents 
does  not  appear  to  be  a  systematic  practice  of  either  the 
Government  or  UNITA. 

Angolan  prisons  are  overcrowded,  with  substandard  diet  and 
sanitation,  but  these  conditions  seem  to  reflect  the  poor  state 
of  the  economy  rather  than  deliberate  maltreatment.   There  are 
some  unconfirmed  reports  that  foreigners  are  not  well  treated, 
but  Americans  who  have  been  imprisoned  in  Angola  appear  to  have 
been  relatively  well  treated  and  to  have  had  access  to  medical 
care. 

Prison  authorities  reportedly  have  wide  latitude  in  the 
treatment  of  prisoners.   Treatment  of  political  prisoners  at 
the  prisons  controlled  by  the  Ministry  of  State  Security  is 
alleged  to  be  harsher  than  treatment  in  the  regular  prisons. 
Mistreatment  reportedly  includes  physical  intimidation, 
including  beatings  and  threats,  and  prolonged  interrogation 
with  the  use  of  force.   Prison  visits  appear  to  be  arbitrarily 


ANGOLA 

restricted  in  many  instances.   Foreign  advisers,  including 
Cubans  and  East  Germans,  are  involved  in  assisting  Angolan 
state  security  services  and  may  be  involved  in  helping  to  run 
state  security  prisons.   The  Government  continues  to  put 
captured  UNITA  supporters  on  public  display. 

Very  limited  information  is  available  on  the  situation  and 
administrative  structure  within  UNITA-held  areas.   It  is  known, 
however,  that  UNITA  holds  a  number  of  foreign  and  government 
prisoners,  captured  in  the  course  of  military  operations,  in 
makeshift  facilities  in  its  areas  of  control  in  southeastern 
Angola.   There  have  been  no  reports  that  UNITA  has  mistreated 
its  prisoners.   During  1986  UNITA  cooperated  with  the 
International  Committee  of  the  Red  Cross  (ICRC)  in  releasing 
foreign  prisoners,  including  some  200  hostages  taken  in  March. 
None  of  the  released  alleged  mistreatment. 

d.   Arbitrary  Arrest,  Detention,  or  Exile 

Two  of  the  most  persistently  and  frequently  reported  charges  of 
human  rights  violations  have  been  arbitrary  arrest  and 
imprisonment  without  due  process.   Numerous  reports  allege  that 
persons  are  arrested  and  imprisoned  by  the  Government  on 
suspicion  or  denunciation  by  others  and,  in  some  cases,  held 
for  years  without  being  notified  of  the  charges  against  them. 
In  its  1986  Report,  Amnesty  International  judged  that  there 
continue  to  be  few  safeguards  against  the  arrest  and  detention 
of  political  suspects  by  Government  security  services. 

Under  Angolan  law,  persons  suspected  of  committing  serious  acts 
against  the  security  of  the  state  may  be  held  by  the  Ministry 
of  State  Security  without  charge  for  an  initial  period  of 
3  months,  renewable  for  a  further  period  of  3  months.   Such 
detainees  need  not  be  presented  to  a  judge  within  48  hours  of 
their  arrest,  as  otherwise  stipulated  in  the  code  of  criminal 
procedure,  and  apparently  have  no  right  to  challenge  the 
grounds  of  their  detention.   After  6  months  in  detention 
without  charge,  the  detainee  must  be  informed  of  the 
accusations  against  him,  with  the  state  security  service  either 
informing  the  public  prosecutor  of  the  charges  against  the 
suspect  or  releasing  him.   Once  the  case  is  presented  to  the 
public  prosecutor,  there  does  not  appear  to  be  a  specific  time 
limit  within  which  a  suspect  must  be  brought  to  trial,  and  many 
political  detainees — the  exact  number  is  not  known  but  may  be 
at  least  several  hundred — have  been  held  for  years  without 
being  tried. 

The  deterioration  of  the  security  situation  has  contributed  to 
the  general  deterioration  of  judicial  safeguards  and  due 
process.   The  Government  has  established  regional  military 
councils  throughout  much  of  Angola.   They  are  responsible 
directly  to  President  Dos  Santos  and  have  broad  authority  to 
restrict  the  movement  of  people  and  goods,  to  requisition 
people  and  goods  without  compensation,  and  to  try  crimes 
against  the  security  of  the  State.   The  Government  has  also 
created  "people's  vigilance  brigades"  for  urban  areas,  whose 
powers  are  not  clear  but  include  general  administration  and 
"protecting  the  people  and  ensuring  public  order  and  stability.' 

During  1986  both  sides  reportedly  relied  increasingly  on  forced 
conscription  of  young  males  for  recruitment  into  the  military 
forces.   In  1984  the  Angolan  Government  was  cited  by  the 
International  Labor  Organization  (ILO)  in  Geneva  for  being  in 
violation  of  ILO  Convention  105,  which  prohibits  forced  labor. 


ANGOLA 

The  basis  of  this  citation  is  Angolan  legislation  still  in 
force  providing  for  compulsory  labor  for  breaches  of  labor 
discipline  and  participation  in  strikes. 

e.  Denial  of  Fair  Public  Trial 

The  Constitution  states  that  no  citizen  shall  be  arrested  and 
brought  to  trial  except  under  the  terms  of  the  law,  and  it 
guarantees  the  right  of  the  accused  to  a  defense.   There  is, 
however,  insufficient  evidence  to  determine  to  what  extent 
these  rights  are  observed  in  practice.   Amnesty  International 
expressed  concern  in  its  1986  Report  that  trials  of  government 
opponents,  notably  in  military  tribunals,  do  not  conform  to 
internationally  recognized  trial  standards.   In  particular, 
defendants  reportedly  were  not  given  adequate  opportunity  to 
present  their  defense  or  appeal  their  cases.   Judicial  lines  of 
authority  are  unclear,  especially  since  the  regional  military 
councils  have  been  given  responsibility  for  the  trial  of 
offenses  against  the  security  of  the  State,  including  "economic 
crimes."   It  is  not  known  which  trials  are  open  to  the  public 
and  under  what  rules  of  procedure  the  various  military  and 
civilian  courts  operate.   The  Constitution  provides  for  a 
People's  Supreme  Court,  but  its  jurisdiction  is  not  known. 

f.  Arbitrary  Interference  with  Privacy,  Family,  Home,  or 
Correspondence 

Although  the  Constitution  guarantees  the  inviolability  of  the 
home  and  privacy  of  correspondence,  the  Government  conducts 
arbitrary  searches  of  homes,  censors  private  correspondence, 
and  monitors  private  communications. 

Section  2   Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press 

The  Constitution  guarantees  freedom  of  expression  "in  the 
context  of  the  achievement  of  the  basic  objectives  of  the 
People's  Republic  of  Angola."   In  fact,  the  Angolan  people  live 
under  censorship,  intimidation  and  Government  control  of  the 
media.   Opposition  views  are  not  tolerated,  and  critics  such  as 
Bartolomeu  Dias  Fernandes,  who  was  accused  of  "insulting  the 
Head  of  State,"  have  been  sentenced  to  long  prison  terms. 

The  Government  is  especially  sensitive  to  criticism  in  the 
foreign  press.   But  in  1986  the  Government  began  to  allow  the 
travel  of  foreign  correspondents  to  Angola  in  a  controlled 
flow.   Angola  subscribes  to  the  "Front  Line"  States'  ban  on 
accepting  South  Africa-based  news  correspondents.   The 
circulation  of  Western  journals  and  periodicals  in  Angola  is 
tightly  restricted. 

b.  Freedom  of  Peaceful  Assembly  and  Association 

Freedom  of  assembly  is  denied  to  any  political  group  or 
movement  other  than  the  MPLA.   All  other  political  movements 
have  been  banned.   There  are  numerous  unconfirmed  reports  of 
arrests  of  people  who  voice  support  of  opposition  movements  or 
alternative  political  systems.   The  people's  vigilance 
brigades,  which  have  some  law  enforcement  authority  in  urban 
areas,  and  the  martial  law  climate  throughout  the  country  tend 
further  to  restrict  freedom  of  assembly  and  association. 


ANGOLA 

The  only  trade  union  movement  in  Angola  is  the  National  Union 
of  Angolan  Workers,  which  is  controlled  by  the  MPLA  and  is  a 
member  of  the  continent-wide  Organization  of  African  Trade 
Union  Unity.   Traditional  labor  union  activities  are  tightly 
controlled  by  the  Government,  and  legislation  ensures  only  a 
single  trade  union  structure.   Strikes  are  prohibited  by  law  as 
a  crime  against  the  security  of  the  State. 

c.   Freedom  of  Religion 

Although  the  Constitution  guarantees  the  inviolability  of 
freedom  of  conscience  and  belief  and  provides  for  separation  of 
church  and  state,  the  Government  publicly  emphasizes  the 
importance  of  propagating  "atheism"  and  has  been  critical  of 
religious  activities.   The  overwhelming  majority  of  the  Angolan 
population  is  Christian,  however,  and  the  Government  has  not 
moved  to  close  down  churches.   Church  services  are  regularly 
held,  and  there  is  widespread  attendance.   Foreign  and  Angolan 
missionaries  are  allowed  to  carry  out  their  normal  activities. 
Reportedly,  UNITA  respects  freedom  of  religion  in  the  areas  it 
controls.   But  in  1986,  UNITA  several  times  captured  foreign 
missionaries,  releasing  them  unharmed  after  publicly  warning 
them  of  the  dangers  of  being  caught  in  the  war's  crossfire. 

d.   Freedom  of  Movement  Within  the  Country,  Foreign 
Travel,  Emigration,  and  Repatriation 

As  a  result  of  the  increased  fighting,  the  Government  is 
acutely  security-conscious  and  has  tightly  restricted  travel. 
Indeed,  travel  by  road  in  most  areas  of  Angola  is  dangerous. 
The  Government  has  instituted  a  pass  system  within  Angola,  and 
foreigners  are  generally  prohibited  from  traveling  outside  the 
principal  cities.   UNITA  has  publicly  warned  that  it  considers 
all  of  Angola  to  be  a  war  zone  and  that  it  cannot  guarantee  the 
safety  of  persons  traveling  there. 

Angolan  citizens  are  allowed  to  travel  abroad,  but  this  travel 
is  carefully  controlled  by  restrictions  on  issuance  of 
passports  and  exit  visas  and  by  currency  restrictions. 
Emigration  is  restricted.   The  Government  limits  travel  to 
Angola  through  a  selective  and  stringent  visa  policy.   Angola 
is  a  party  to  the  U.N.  Protocol  Relating  to  the  Status  of 
Refugees.   There  are  currently  approximately  70,000  Namibian, 
15,000  Zairian,  and  9,000  South  African  refugees  or  displaced 
persons  in  Angola.   Since  mid-1980,  between  120,000  and  140,000 
former  Zairian  displaced  persons  in  Angola  returned  home  under 
the  auspices  of  the  U.N.  High  Commissioner  for  Refugees. 

Approximately  200,000  Angolans  have  taken  refuge  in  Zaire  since 
1975,  and  an  estimated  100,000  have  taken  refuge  in  Zambia.   Of 
the  estimated  total  of  400,000  Angolans  who  have  left  the 
country  since  independence,  the  Government  claims  that  180,000 
have  returned,  but  this  claim  cannot  be  verified. 

Section  3  Respect  for  Political  Rights:   The  Right  of  Citizens 
to  Change  Their  Government 

Citizens  do  not  have  the  right  to  change  their  Government. 
Angola  is  ruled  by  a  small  group  of  officials  within  the  party 
apparatus  of  the  ruling  MPLA.   The  Constitution  provides  for 
popular  participation  in  the  political  process,  but  political 
activity  is  limited  to  participation  in  the  MPLA  or  in  one  of 
its  controlled  and  sanctioned  organizations  such  as  its  youth 
wing,  the  Angolan  Women's  Organization,  or  the  trade  union 
movement.   Political  power  is  centered  in  the  elite  membership 


10 


ANGOLA 

of  the  Politburo  and  the  somewhat  larger  central  committee. 
Party  membership  is  very  restricted,  with  fewer  than  30,000 
members  out  of  a  population  of  almost  8  million,  according  to 
the  official  media. 

The  Constitution  provides  for  a  popularly  elected  National 
People's  Assembly,  established  in  1981,  and  people's  assemblies 
at  the  provincial  and  local  level.   However,  despite  recent 
suggestions  from  President  Dos  Santos  that  the  powers  and 
membership  of  the  National  People's  Assembly  be  broadened,  as 
of  the  end  of  1986  only  candidates  chosen  and  endorsed  by  the 
party  have  been  elected.   Key  members  of  the  party  also  hold 
leadership  positions  in  the  people's  assemblies. 

Section  4   Governmental  Attitude  Regarding  International  and 

Nongovernmental  Investigation  of  Alleged  Violations 
of  Human  Rights 

The  Government  has  allowed  the  ICRC  and  United  Nations 
International  Children's  Emergency  Fund  (UNICEF)  to  provide 
food  and  medical  assistance  in  areas  it  controls,  and  UNITA 
allows  the  ICRC  to  conduct  similar  operations  in  areas  it 
controls  or  is  contesting.   The  Government  permitted  the  ICRC 
to  visit  one  South  African  prisoner  in  Luanda  but  did  not 
respond  to  ICRC  requests  for  access  to  all  persons  arrested  in 
connection  with  internal  events  and  the  military  situation  in 
the  country.   In  its  1986  Report,  Amnesty  International  reports 
mixed  success  in  receiving  Government  responses  to  its 
inquiries  and  the  information  necessary  to  investigate  possible 
abuses  and  track  outstanding  cases. 

Section  5   Discrimination  Based  on  Race,  Sex,  Religion, 
Language,  or  Social  Status 

Angola's  population  of  about  8  million  is  growing  at  the  rate 
of  3  percent  a  year.   Estimated  gross  domestic  product  per 
capita  in  1985  was  approximately  $540,  but  this  reflects  the 
oil  revenues  from  the  Cabinda  field  and  has  little  meaning  to 
the  bulk  of  the  population  in  the  midst  of  civil  war  and  in  any 
case  has  been  stagnant.   Many  rural  inhabitants  have  abandoned 
the  countryside  to  seek  food  and  safety  in  urban  areas,  such  as 
Luanda,  which  have  been  overwhelmed  by  the  influx.   Given  the 
great  poverty  and  hardship  prevailing  in  most  of  Angola,  it  is 
difficult  to  point  to  the  possible  effects  of  discrimination  on 
the  basis  of  race,  sex,  religion,  language,  or  social  status. 
For  the  average  Angolan,  life  is  nasty,  brutish  and  short. 

Both  the  MPLA  and  UNITA  have  primarily  ethnic  bases  of 
support — the  MPLA  among  the  Kimbundu,  and  UNITA  among  the 
Ovimbundu.   Members  of  all  of  Angola's  ethnic  groups  and 
religions,  as  well  as  women,  participate  in  the  MPLA,  some  at 
high  levels  of  the  party.   But  non-Kimbundu  groups  are  greatly 
underrepresented  in  the  small  group  within  the  ruling  MPLA 
central  committee  and  politburo.   Over  the  last  year,  several 
prominent  mesticos  (Angolans  of  mixed  racial  background 
numbering  only  about  1  percent  of  the  population)  in  the  ruling 
MPLA  have  been  removed  from  office  or  demoted.   But  mesticos 
remain  the  most  highly  skilled  and  educated  group  and  are 
influential — politically,  culturally,  and  economically — beyond 
their  numbers.   Women  and  blacks  were  given  more  positions  in 
the  top  leadership  by  the  1985  Second  Party  Congress. 

CONDITIONS  OF  LABOR 

There  is  no  information  available  on  working  conditions  in 
Angola . 


11 


U.S. OVERSEAS 


■LOANS  AND  GRANTS-  OBLIGATIONS  AND  LOAN  AUTHORIZATIONS 
(U.S. FISCAL  YEARS  -  MILLIONS  OF  DOLLARS) 


COJNTRY:  ANGOLA 


1934 


1935 


1986 


I.ECON.  ASSIST.-TOTAL... 

LOANS 

GRANTS < 

A. AID  

LOANS , 

GRANTS 

(SEC. SU°P. ASSIST.) .. , 

3. FOOD  FOR  PEACE , 

LOANS 

GRANTS 

TITLE  I-TDTAL , 

REPAY.  IN  $-LOANS...., 

PAY.  IN  FOR.  CURR 

TITLE  II-TOTAL 

E. RELIEF. EC. OEV  I    WFP. 

VOL.  RELIEF  AGENCY 

C. OTHER  ECON.  ASSIST... 

LOANS 

GRANTS 

PEACE  CORPS 

NARCOTICS 

OTHER 


II.MIL.  ASSIST.-TOTAL, 
LOANS , 

GRANTS , 

&.MAP  GRANTS , 

3. CREDIT  FINANCING., 
C.INTL  MIL.EO.TRNG., 
D.TRAN-EXCESS  STOCK, 
E. OTHER  3RANTS , 


III. TOTAL  ECON.  3  '^IL- 

LOANS , 

GRANTS 


2.7 

4.2 

0.0 

o.a 

3.0 

0,0 

2.7 

^.2 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

2.7 

A. 2 

0.0 

0.0 

0.0 

0.0 

2.7 

4.2 

0.0 

O.D 

3.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

2.7 

4.2 

D.O 

2.7 

2.2 

0.0 

0.0 

2.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

OiO 

3.0 

0.0 

O.D 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

3.0 

0.0 

0.3 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

3.0 

0.0 

2.7 

4.2 

0.0 

0.0 

0.0 

0.0 

2.7 

4.2 

0.0 

OTHER  US  LOANS 84.8 

3, 

0, 
0, 

.0 
.0 
.0 

0.0 

EX-IM  BANK  LOANS 34.8 

ALL  OTHER 0.3 

0.0 
0.0 

ASSISTANCE  FROM  INTERNATIONAL  AGENCIES 
1934      1985      1986 

1946- 

-36 

TOTAL. 

33.1 

1  .3 

0,0 

75.1 

ISRO 

J.O 

0.0 

0.0 

0.0 

IFC 

0.0 

0.0 

0.0 

0.0 

IDA 

3.0 

0.0 

0.0 

0.0 

ID3 

0.0 

0.0 

0.0 

0.0 

AD3 

3.0 

0.0 

0.0 

0.0 

AF03 

31.7 

1.0 

.  0.0 

47.5 

UN  OP 

1.4 

0.3 

0.0 

18.5 

OTHER-UN 

0.0 

0.0 

0.0 

9.1 

EEC 

3.0 

0.0 

0.0 

0.0 

12 


BENIN 


Following  independence  from  France  in  1960,  Benin  experienced 
political  instability  and  numerous  changes  in  government  until 
1972,  when  the  army  staged  a  decisive  coup  that  brought  the 
present  Government,  headed  by  President  Mathieu  Kerekou,  to 
power.   In  1974,  the  new  leadership  declared  the  establishment 
of  a  Marxist-Leninist  Government  under  the  direction  of  a 
single  political  party,  the  People's  Revolutionary  Party  of 
Benin.   Despite  the  imitation  of  certain  political  structures, 
Benin's  Marxism  thus  far  bears  little  resemblance  to  that  of 
the  Soviet  Union.   The  party  itself  is  directed  by  a  small 
leadership  group  in  which  the  influence  of  the  military 
remains  important.   It  controls  the  selection  of  candidates 
for  the  National  Revolutionary  Assembly  and  local  government 
bodies.   The  military  hold  9  out  of  15  cabinet  positions. 

Early  efforts  at  radical  political  and  social  transformation 
in  the  mid-1970 's  encountered  widespread  resistance  and 
resulted  in  significant  erosions  of  political  and  personal 
liberties.   An  unsuccessful  coup  attempt  in  1977  was  followed 
by  a  period  of  intense  suspicion  toward  foreigners  and 
domestic  critics.   In  recent  years,  however,  the  authorities 
have  exhibited  greater  tolerance  of  divergent  social  and 
political  views. 

Benin  is  ranked  as  one  of  the  world's  35  poorest  countries; 
its  underdeveloped  economy  is  largely  supported  by  subsistence 
agriculture  (80  percent  of  the  population  lives  in  rural 
areas),  a  small  commercial  sector,  and  recently  oil 
production,  located  offshore  near  Cotonou.   Economic  activity 
has  been  hampered  by  the  Government's  efforts  to  institute 
centralized  controls.   In  1985  mounting  balance  of  payments 
problems  and  rising  debt  service  costs  led  the  Government  to 
enter  into  negotiations  with  the  International  Monetary  Fund 
to  reduce  the  number  of  state  enterprises  and  to  encourage 
foreign  private  investment. 

The  human  rights  situation  improved  somewhat  in  1986.   There 
was  an  absence  of  incidents  which  might  have  caused  the 
Government  to  use  repressive  measures.   There  were,  however, 
credible  reports  that  approximately  15  students  were  arrested 
at  the  National  University  in  order  to  forestall  anticipated 
demonstrations. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1   Respect  for  the  Integrity  of  the  Person,  Including 
Freedom  from: 

a.  Political  Killing 

There  were  no  reports  of  political  killings. 

b.  Disappearance 

There  were  no  reports  of  disappearance  or  secret  arrests. 

c.  Torture  and  Cruel,  Inhuman,  or  Degrading  Treatment  or 
Punishment 

In  its  1986  Report,  Amnesty  International  noted  reports  that 
soijie  persons  detained  on  political  grounds  in  1985  had  been 
tortured  or  ill-treated. 


13 


BENIN 

Prison  conditions  in  Benin  are  very  poor.   Sanitation 
facilities  are  inadequate,  there  is  overcrowding,  and  the  food 
supply  is  inadequate  unless  supplemented  by  food  from  friends 
or  relatives.   Physical  punishment  reportedly  occurs. 

d.  Arbitrary  Arrest,  Detention,  or  Exile 

Benin's  legal  system  provides  for  the  review  of  detentions  by 
a  court  of  law  in  all  but  a  few  sensitive  political  cases. 
The  Constitution  states  that  no  citizen  may  be  arrested 
without  an  order  of  arrest  by  an  established  judicial  body. 
In  practice,  however,  persons  have  been  detained,  some  for 
extended  periods,  without  charge  and  without  recourse  to  legal 
assistance  or  judicial  hearing.   For  example,  the  American 
Association  for  the  Advancement  of  Science  has  reported  that  a 
Beninese  physician,  Afolabi  Biaou,  was  arrested  in  November 

1984  and  has  been  detained  without  charge  since  that  time. 
Biaou  was  previously  involved  with  the  "Support  Committee  for 
Former  Political  Prisoners"  in  Benin  and  was  allegedly  arrested 
en  route  to  the  presidential  palace  where  he  had  been  summoned 
for  a  meeting.   Most  of  these  arrests  have  occurred  during 
periods  of  political  tension.   Prior  to  his  departure  in 
October  to  meet  with  Western  European  leaders.  President 
Kerekou  ordered  the  release  of  about  50  prisoners  held  since 

1985  for  having  participated  in  strikes.   Lengths  of 
incarceration  before  trial  are  at  the  discretion  of  the 
authorities.   Although  arrests  are  not  publicized,  no  special 
attempt  is  made  to  keep  them  secret. 

There  were  no  reports  alleging  the  use  of  forced  labor,  which 
is  prohibited  under  Beninese  law. 

e.  Denial  of  Fair  Public  Trial 

Benin's  judicial  system  is  allowed  to  function  independently 
in  all  but  sensitive  political  cases.   In  such  instances, 
detainees  may  or  may  not  be  permitted  legal  counsel  or  granted 
a  public  hearing.   There  is  no  time  limit  with  respect  to 
charging  a  defendant  or  bringing  the  accused  to  trial.   In 
recent  years,  the  Government  has  used  only  the  established 
civilian  "revolutionary  court"  system.   These  courts  are 
organized  on  provincial  and  national  levels,  and  there  are 
plans  for  courts  at  the  district  level  once  sufficient  judges 
have  been  trained.   The  highest  court  of  appeal  is  the  Central 
People ' s  Court . 

f.  Arbitrary  Interference  with  Privacy,  Family,  Home,  or 
Correspondence 

Although  Benin's  Constitution  guarantees  the  inviolability  of 
the  home  and  requires  a  warrant  from  a  judge  before  the  police 
can  enter  a  residence,  there  have  been  occasional  unconfirmed 
reports  of  forced  entries  in  sensitive  political  cases.   Other 
reports  indicate  that  security  police  monitor  telephones  and 
the  mail  of  suspected  persons.   There  are  no  other  known  types 
of  interference  with  the  home  or  family. 

Section  2  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press 

With  two  exceptions,  the  local  press,  radio,  and  television 
are  all  government  owned  and  operated.   The  exceptions  are  a 
.weekly  paper  published  by  the  Catholic  church  and  Echo,  a 
'monthly  journal  of  opinion  circulated  throughout  West  Africa. 


14 


BENIN 

While  both  deal  with  political  issues,  they  do  so  with 
circumspection.   The  official  media  carry  only  those  stories 
that  are  approved  by  or  serve  the  interests  of  the 
party-state.   Opposition  to  government  policies  and  open 
criticism  of  the  Government  are  not  tolerated.   Academic 
freedom  on  nonpolitical  issues,  however,  is  permitted,  and 
there  is  normally  no  censorship  of  foreign  books  and  artistic 
works.   Foreign  radio  broadcasts  are  readily  available  to  much 
of  the  population  through  shortwave  radio.   No  attempt  is  made 
to  interfere  with  radio  reception. 

b.  Freedom  of  Peaceful  Assembly  and  Association 

All  meetings  of  a  political  nature  must  be  sponsored  by  the 
single  political  party.   Although  organized  public  opposition 
to  the  Government  itself  is  not  permitted,  there  are  numerous 
examples  of  groups  which  have  organized  to  protest  specific 
government  policies  or  actions.   In  recent  years,  the 
Government  has  welcomed  the  formation  of  a  wide  variety  of 
private  social,  service,  and  professional  organizations 
(including  Lion  and  Rotary  clubs),  many  of  which  maintain 
active  international  affiliations.   There  is  no  known 
persecution  of  professional  groups. 

Labor  unions  are  organs  of  the  party  and  unified  under  a 
general  labor  organization,  the  Union  Nationale  des  Syndicats 
des  Travailleurs  du  Benin  (UNSTB) .   Although  controlled  by  the 
Government,  individual  local  unions  negotiate  with  individual 
employers  on  labor  matters  and  represent  workers'  grievances 
to  employers  and  to  the  Government.   The  Government  often 
plays  the  role  of  arbiter. 

Although  the  right  to  strike  is  not  explicitly  denied  or 
protected,  it  is  clear  that  labor  strikes  are  not  sanctioned. 
The  Constitution  of  1977  states  that  "union  activities  are 
guaranteed  to  workers"  but  "must  be  used  for  the  elevation  of 
the  conscience  of  the  proletarian  class  and  for  the 
augmentation  and  continued  development  of  production."   When 
labor  actions  occasionally  occur  in  Benin  (usually  by  students 
rather  than  workers),  they  take  the  form  of  brief  work 
stoppages  to  protest  such  things  as  late  salary  or  scholarship 
payments . 

c.  Freedom  of  Religion 

Christianity,  Islam,  and  traditional  religions  all  coexist  in 
Benin,  and  adherence  to  a  particular  faith  does  not  confer  any 
special  status  or  benefit.   With  the  exception  of  one  group. 
Celestial  Christianity,  which  has  been  declared  illegal  by  the 
Government,  there  are  no  restrictions  on  religious  ceremonies 
or  teachings,  and  religious  conversion  is  freely  permitted. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign 
Travel,  Emigration,  and  Repatriation 

Domestic  movement  is  not  restricted.   International  movement 
is  controlled  in  that  a  passport  and  exit  permission  must  be 
obtained  for  travel  to  other  than  West  African  countries; 
obtaining  these  documents,  however,  is  not  difficult. 
Economic  rather  than  governmental  constraints  usually  preclude 
travel  outside  the  region.   There  are  no  restrictions  placed 
on  residence  within  Benin,  except  for  recently  released 
prisoners  who  may  be  subject  to  travel  restrictions. 


15 


BENIN 

Emigration  is  common  in  Benin.   Many  Beninese  move  to 
neighboring  countries  to  earn  a  livelihood  without  jeopardizing 
their  citizenship.   Beninese  living  abroad  are  encouraged  by 
the  Government  to  return  home  to  help  develop  their  country, 
but  only  a  small  number  have  done  so.   By  far  the  largest 
group  of  displaced  persons  in  Benin  is  Chadians  who  have  fled 
the  fighting  in  their  country.   There  are,  according  to  the 
United  Nations  High  Commissioner  for  Refugees,  about  3,300 
displaced  Chadians  in  Benin.   Many  of  these  are  now 
permanently  settled  in  Benin,  although  they  are  free  to  return 
to  Chad  if  they  wish. 

Section  3   Respect  for  Political  Rights:   The  Right  of  Citizens 
to  Change  Their  Government 

Leadership  is  exercised  by  President  Kerekou  and  a  small  group 
of  senior  party  officials,  many  of  whom  hold  positions  in  the 
Government.   The  electoral  process  allows  for  citizen 
participation  in  the  nomination  of  candidates  for  the  National 
Revolutionary  Assembly,  in  theory  the  principal  decisionmaking 
body  of  the  Government.   Party  membership  is  neither  a 
requisite  for  participation  in  this  process  nor  for  high 
office  or  civil  service  employment.   The  final  selection  of 
candidates  for  the  single  national  slate,  however,  is  made  by 
the  party  leadership.   No  opposition  parties  or  slates  are 
permitted.   The  Assembly  itself  rarely  takes  issue  with 
policies  formulated  by  the  party  leadership. 

Section  4   Governmental  Attitude  Regarding  International  and 

Nongovernmental  Investigation  of  Alleged  Violations 
of  Human  Rights 

The  Government  considers  any  outside  attempt  to  investigate 
human  rights  practices  to  be  interference  in  its  internal 
affairs . 

On  February  25,  1986,  the  Government  of  Benin  deposited 
instruments  of  ratification  for  the  Organization  of  African 
Unity  Charter  on  Human  and  People's  Rights. 

Section  5   Discrimination  Based  on  Race,  Sex,  Religion, 
Language,  or  Social  Status 

Historically,  Beninese  women  have  played  a  major  role  in  the 
commercial  sector  as  well  as  in  small-scale  family  farming. 
Women  have  not  had  the  same  educational  opportunities  as  men. 
Most  boys  now  attend  primary  school,  but  only  about  one  out  of 
every  two  girls  is  in  the  primary  grades.   Nevertheless,  the 
Government  officially  encourages  new  opportunities  for  women 
and,  while  there  are  no  women  in  ministerial  positions,  a 
number  of  women  figure  prominently  in  executive  level  positions 
in  the  presidency  and  in  the  various  ministries.   There  are 
two  women  on  the  central  committee  of  the  party.   The  ruling 
party  has  a  women's  organization  —  the  Organisation  des 
Femmes  Revolutionnaires  du  Benin  (OFRB) .   As  do  other 
specialized  party  organizations,  the  OFRB  serves  to  transmit 
party  policy  to  its  members.   It  also  provides  a  channel  for 
women's  views  to  be  made  known  to  the  party  leadership. 

CONDITIONS  OF  LABOR 

The  Government  has  given  vigorous  support  to  policies  designed 
to  improve  the  conditions  of  average  workers  in  both  the 
industrial  and  agricultural  sectors.   It  has,  for  example, 
committed  itself  to  the  gradual  extension  of  free  or  low-cost 


16 


BENIN 

medical  care  and  social  services;  legislated  minimum  wage 
levels  and  occupational  safety  conditions;  and  established 
procedures  and  mechanisms  for  the  protection  of  worker  rights, 
including  legislation  prohibiting  child  labor.   The  Beninese 
labor  code  establishes  a  40-hour  workweek  and  implicitly 
defines  a  "minimum  age"  by  authorizing  participation  in  the 
social  security  system  beginning  at  age  14.   The  civil  service 
administration  will  not  hire  persons  under  18.   In  many 
instances,  however,  the  Government's  ability  to  enforce  these 
policies  and  regulations  is  limited  by  a  shortage  of 
administrative  and  financial  resources  and  by  the  need  for  the 
entire  family  to  farm  subsistence  plots  of  land. 


17 


U  .  S  .  0  V  E  R  S  £  ft  S 


■LOANS  AND  GRANTS"  OBLIGATIONS  AND  LOAN  AUTHORIZATIONS 
(U.S. FISCAL  YEARS  -  MILLIONS  OF  DOLLARS) 


COJNTRY:  aiNIN  (DAHOMEY) 


1954 


1985 


1986 


I.ECON.  ASSIST.-TOTAL.. . 

LOANS 

GRANTS 

A. AID  

LOANS 

GRANTS 

(SEC. SUPP. ASSIST.)  ..  . 

3. FOOD  FOR  PEACE 

LOANS 

GRANTS 

TITLE  I-TOTAL 

REPAY.  IN  $-LOANS 

PAY.  IN  FOR.  CURR 

TITLE  II-TOTAL 

£. RELIEF. EC.OEV  i    WFP. 

VOL. RELIEF  AGENCY 

C. OTHER  SCON.  ASSIST.. . 

LOANS 

GRANTS 

PEACE  CORPS 

NARCOTICS 

OTHER 

II.MIL.  ASSIST.-TOTAL... 

LOANS 

GRANTS 

4. MAP  GRANTS 

3. CREDIT  FINANCING.... 
C.IfJTL  MIL.E0.TRN3.... 
D.TRAN-EXCESS  STOCK... 
E. OTHER  GRANTS 

III. TOTAL  ECON.  5  MIL... 

LOANS 

GRANTS 


3.0 

3.2 

1.5 

0.0 

0.0 

0.0 

3.0 

3.2 

1.5 

0.0 

0.4 

0.2 

0.3 

0.0 

0.0 

0.3 

3.4 

0.2 

0.0 

0.0 

0.0 

1.9 

1.5 

0.0 

0.0 

0.0 

0.0 

1.9 

1.5 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.3 

3.0 

0.0 

1.9 

1.5 

0.0 

0.5 

0.7 

0.0 

1  .4 

0.8 

0.0 

1.1 

1.3 

1.3 

0.0 

0.0 

0.0 

1.1 

1.3 

1.3 

1.1 

1.3 

1.3 

O.D 

0.0 

0.0 

0.3 

3.0 

0.0 

0.0 

0.1 

0.1 

0.0 

0.0 

0.0 

0.3 

0.1 

3.1 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.3 

0.1 

0.1 

0.3 

0.0 

0.0 

0.0 

0.0 

0.0 

3.0 

3.3 

1.6 

0.0 

0.0 

0.0 

3.3 

3.3 

1.6 

OTHER  US  LOANS. ... 
EX-IM  BANK  LOANS, 
ALL  OTHER 


0.0 
0.0 
0.3 


0.0 
0.0 
3.0 


0.0 
0.0 
0.0 


ASSISTANCE  FROM  INTERNATIONAL  AGENCIES 
1934      1935      1986 


1946-86 


TOTAL. ... 

IB?D 

IFC 

IDA 

103 

A03 

AFOB 

UNDP 

OTHER-UN 

ESC 


41.8 

30.9 

11.9 

434.3 

0.0 

0.0 

0.0 

0.0 

D.O 

D.O 

0.0 

0.0 

35.4 

5.0 

11.9 

225.5 

0.0 

O.D 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

3.0 

9.5 

.  0.0 

83.9 

3.2 

2.9 

0.0 

31.2 

3.2 

0.0' 

0.0 

9.4 

0.0 

13.5 

0.0 

34. 3 

18 


BOTSWANA 


Botswana  is  a  multiparty  democracy  with  free  elections,  an 
independent  judiciary,  a  small  police  force,  and  a  well- 
disciplined  army  subservient  to  civilian  authority.   Under  the 
Constitution,  executive  power  is  vested  in  the  President, 
chosen  in  a  national  election  for  a  5-year  term,  most  recently 
in  1984.   The  President,  currently  Quett  K.J.  Masire,  selects 
the  Cabinet  from  the  National  Assembly.   One  party  continues  to 
dominate  the  country's  politics:   the  Botswana  Democratic 
Party  (BDP)  has  held  a  majority  in  the  National  Assembly  since 
independence  and  at  the  end  of  1986  controlled  30  of  34 
elective  seats. 

Botswana  encourages  private  enterprise  and  free  trade.   All 
citizens,  including  those  whites  who  accepted  Botswana 
citizenship,  are  free  to  participate  in  the  economic  and 
political  life  of  the  country.   Exploitation  of  the  country's 
mineral  resources  has  stimulated  economic  development,  and  per 
capita  gross  domestic  product  increased  from  $69  in  1966  to 
$950  in  1986.   Despite  this  progress,  about  75  percent  of  the 
population  is  dependent  on  subsistence  agriculture  and  live  in 
rural  areas. 

Botswana's  human  rights  record  generally  remains  good. 
Citizens  receive  equal  protection  under  the  law;  domestic 
political  violence  is  unknown;  public  debate,  including  that 
in  the  press,  is  lively;  and  several  women  hold  positions  of 
importance  in  the  public  and  private  sector.   However,  Botswana 
suffered  increasing  pressure  from  neighboring  South  Africa  in 
1986,  which  resulted  in  the  Gaborone  Government  adopting  a 
strong  National  Security  Act,  greatly  enhancing  the  powers  of 
the  Attorney  General  and  the  police  force  in  national  security 
cases.   As  of  August,  110  people  had  been  arrested  under  this 
Act. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1   Respect  for  the  Integrity  of  the  Person,  Including 
Freedom  from: 

a.  Political  Killing 

The  Government  has  never  been  accused  of  involvement  in 
political  killings.   There  is  no  guerrilla  or  insurgency 
activity  directed  against  the  Government.   However,  South 
Africa's  May  19  commando  raid  killed  one  person,  and  a  June  14 
shooting  incident  (on  the  anniversary  of  South  Africa's  first 
raid  on  Gaborone)  killed  another,  for  which  Botswana  officially 
blamed  the  South  African  Government.   No  summary  executions 
have  occurred  in  Botswana. 

b.  Disappearance 

The  Constitution  provides  for  the  protection  of  personal 
liberty.   However,  the  new  National  Security  Act  grants  the 
Government  the  authority  to  hold  detainees  incommunicado  on 
security  grounds.   Botswana's  Chief  of  Police  has  lessened  the 
full  impact  of  this  law  by  periodically  stating  publicly  how 
many  people  have  been  arrested  in  connection  with  security 
matters.   Most  of  those  arrested  have  been  South  Africans  who 
were  temporarily  detained  for  attempting  to  bring  guns  or 
contraband  into  Botswana  without  a  permit.   There  was  no 
evidence  that  this  law  led  to  the  disappearance  of  any 
detainees . 


BOTSWANA 

c.  Torture  and  Cruel,  Inhuman,  or  Degrading  Treatment  or 
Punishment 

There  were  no  reports  of  improper  treatment  by  the  police  of 
criminals  or  criminal  suspects  during  1986.   Prison  conditions 
allow  for  adequate  diet,  health  care,  and  visits  from  family 
members.   Jails  in  Botswana  can  be  crowded  and  inmates  who  have 
no  relatives  to  see  to  their  needs  may  encounter  difficulty  in 
arranging  for  maintenance.   Flogging  is  permitted  for 
infractions  of  prison  rules  and  is  mandatory  punishment  for 
rape,  attempted  rape,  armed  robbery,  burglary,  housebreaking, 
and  related  offenses.   Traditional  tribal  courts  presided  over 
by  a  chief,  where  jurisdiction  is  limited  to  minor  offenses, 
may  also  sentence  individuals  to  be  flogged. 

d.  Arbitrary  Arrest,  Detention,  or  Exile. 

The  Botswana  Constitution  contains  a  provision  protecting 
citizens  from  arbitrary  arrests.   This  provision  still  applies 
despite  the  passage  of  the  new  National  Security  Act. 
Preventive  detention  is  illegal,  and  habeas  corpus  exists  both 
in  law  and  practice.   Police  are  required  to  bring  a  suspect 
before  a  magistrate  for  charging  within  48  hours  of  his  arrest. 
There  is  a  functioning  system  of  bail,  and  defendants  have 
access  to  lawyers  of  their  own  choosing.   In  security  cases, 
the  suspect  must  be  arraigned  within  96  hours  of  his  arrest. 
In  nonsecurity  cases,  suspects  must  be  released  after  48  hours 
unless  the  magistrate  issues  a  warrant  of  detention  which  is 
valid  for  14  days.   Every  14  days  the  police  must  appear 
before  the  magistrate  and  show  they  are  making  progress  in  the 
case.   To  date  there  have  been  no  known  abuses  of  this  system. 

Forced  labor  is  illegal  in  Botswana  and  is  not  practiced. 

e.  Denial  of  Fair  Public  Trial 

The  right  to  a  fair  public  trail  is  provided  by  law  and  honored 
in  practice;  trials  involving  national  security,  however,  may 
be  closed  to  the  public.   Defendants  are  entitled  to  counsel; 
consultation  between  defendants  and  counsel  may  be  held  in 
private.   There  are  clearly  defined  appeal  procedures.   The 
judiciary  is  independent  of  the  executive  and  the  military  and 
consists  of  a  High  Court,  Court  of  Appeals,  magistrate  courts, 
and  customary  courts.   The  High  Court  has  ruled  that  there 
exists  the  right  against  self-incrimination  in  the  courts. 
Moreover,  silence  cannot  be  construed  as  guilt,  and  the  burden 
of  proof  remains  with  the  prosecution  except  in  security 
matters.   Since  no  case  has  yet  been  tried  under  the  National 
Security  Act,  legal  practice  under  its  provisions  is  not  yet 
clear.   There  are  no  political  prisoners  in  Botswana. 

Botswana  created  a  customary  court  of  appeal  in  1986, 
permitting  cases  tried  in  the  traditional  court  system  (which 
exists  alongside  the  magistrate's  courts)  the  right  to  appeal 
judgments  in  familial  and  property  cases.   About  100  cases  were 
heard  in  this  court  during  its  first  6  months  of  existence. 

f.  Arbitrary  Interference  with  Privacy,  Family,  Home,  or 
Correspondence 

These  rights  are  safeguarded  by  law  and  respected  in  practice. 
A  search  warrant  issued  by  a  magistrate  is  required  for  an 
official  to  enter  a  private  residence,  except  in  cases  of 
suspected  diamond  theft,  drug  trafficking,  or  national  security 
matters.   There  were  no  reported  instances  in  which  this 


20 


BOTSWANA 

authority  was  used  for  diamond  or  drug  related  cases  in  1986, 
and  the  Government  did  not  state  whether  the  powers  of  search 
contained  in  the  new  National  Security  Act  were  used. 

Section  2   Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press 

Freedom  of  speech  and  of  the  press  are  guaranteed  by  the 
Constitution  and  are  respected  in  practice.   The  government- 
owned  newspaper  and  radio  continue  to  report  statements  by  all 
opposition  parties.   Three  independent  weekly  newspapers 
publish  articles  on  a  wider  range  of  views  than  the  government- 
owned  media.   Reporting  on  several  sensitive  political  issues 
during  1986  demonstrated  that  the  independent  press  has 
continued  to  evolve.   This  development,  along  with  an  effective 
judiciary  and  a  functioning  democratic  political  system, 
combine  to  insure  freedom  of  speech  and  of  the  press. 

b.  Freedom  of  Peaceful  Assembly  and  Association 

Freedom  of  assembly  is  a  well-established  tradition  in 
Botswana,  exemplified  by  the  kgotla,  a  communal  gathering 
similar  to  a  New  England  town  meeting  in  which  citizens  freely 
question  leaders  and  voice  opinions  on  local  politics.   Kgotla 
meetings  are  used  regularly  by  political  candidates  and 
members  of  Parliament,  including  Ministers,  to  explain  their 
programs  to  the  people.   Large  gatherings  require  local  police 
approval,  which  is  routinely  given.   Demonstrations  are 
permitted  so  long  as  order  is  maintained.   Organizers  are 
required  to  submit  a  detailed  plan  for  any  demonstration  and 
are  personally  responsible  for  ensuring  that  the  plan  is 
followed. 

Unions  have  the  right  to  organize,  to  bargain  collectively, 
and  to  strike  after  exhausting  established  procedures,  which 
require  that  the  Goverrunent  be  invited  to  arbitrate  the 
dispute.   In  practice,  strikes  are  very  rare  and  the  wildcat 
strike  in  the  banking  sector  in  late  1986  was  quickly  settled. 
Unions  have  chafed  under  goverrunent  regulations  which  prohibit 
financial  contributions  to  unions  from  outside  Botswana  and 
require  that  all  union  leaders  continue  to  work  full-time  in 
the  trade  their  union  represents,  thus  preventing  employment 
of  paid,  full-time  union  organizers.   Unions  are  important  in 
the  country's  largest  industries  (mining-related)  but  have  not 
yet  developed  a  base  in  other  sectors  of  the  economy. 
Completely  independent  of  government  control  or  party 
affiliation,  unions  in  Botswana  actively  represent  their 
members.   Unions  associate  freely  with  international 
organizations,  and  members  attend  international  conferences. 
The  Botswana  Federation  of  Trade  Unions  (BFTU)  is  affiliated 
with  the  International  Confederation  of  Free  Trade  Unions  and 
is  also  a  member  of  the  Organization  of  African  Trade  Union 
Unity  and  the  Southern  African  Trade  Union  Coordination 
Council  (SATUCC). 

In  March  1986,  the  Government  canceled  the  residence  permit  of 
the  Malawian  Executive  Secretary  of  SATUCC.   The  organization 
relocated  its  headquarters  outside  Botswana.   While  the 
Government  gave  no  reason  for  its  action,  critics  of  its  labor 
policy  claim  the  expulsion  was  designed  to  limit  foreign  labor 
assistance  to  Botswana's  trade  unions  as  part  of  a  policy  of 
restraining  organized  labor. 


21 

BOTSWANA 

c.  Freedom  of  Religion 

Open  practice  of  religion  is  permitted  and  encouraged.   There 
is  no  state  religion.   While  most  residents  identify 
themselves  with  Christian  sects,  active  groups  of  Muslims, 
Hindus,  Baha'is,  and  others  practice  their  faiths  freely. 
Religious  affiliation  is  neither  an  advantage  nor  disadvantage 
politically  or  socially.   Religious  conversion  is  permitted, 
and  missionaries  are  allowed  to  enter  the  country  and 
proselytize.   Foreign  clergy  are  also  permitted  to  enter 
Botswana  and  to  serve  expatriate  congregations. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign 
Travel,  Emigration,  and  Repatriation. 

Botswana  citizens  are  subject  to  virtually  no  restrictions  on 
emigration  or  repatriation.   Domestic  and  foreign  travel  are 
unrestricted  and  passports  are  easily  obtained.   Refugees 
documented  by  the  United  Nations  High  Commissioner  for  Refugees 
(UNHCR)  are  generally  required  to  live  in  the  settlement  at 
Dukwe  in  northern  Botswana  where  conditions  are  relatively 
good,  due  mainly  to  contributions  of  international  donor 
organizations.   Refugees  may  be  authorized  to  live  elsewhere 
for  reasons  such  as  employment  or  schooling.   As  with  other 
foreigners  in  Botswana,  refugees  are  not  permitted  to  accept 
jobs  which  could  be  filled  by  a  local  citizen.   Due  to 
allegations  from  some  neighboring  countries  that  refugees  are 
using  Botswana  as  a  sanctuary  in  which  to  pursue  activities 
against  the  governments  of  their  respective  home  countries, 
Botswana  has  declared  that  Dukwe  residents  found  outside  the 
camp  without  permission  will  be  considered  to  have  abandoned 
refugee  status  and  will  be  repatriated  as  a  deterrent  to 
questionable  activities  by  other  refugees. 

In  June  1986,  Botswana's  Minister  of  Presidential  Affairs  and 
Public  Administration  P.H.K.  Kedikilwe  (who  holds  the 
portfolio  for  refugee  matters)  reiterated  Botswana's 
determination  to  continue  to  accept  refugees  despite  the 
pressure  by  South  Africa  to  cease.   The  Minister  stated  that 
Botswana  would  increase  the  screening  of  refugee  applicants  to 
make  sure  that  the  applicants  have  no  ties  to  the  African 
National  Congress  (ANC)  or  the  Pan-Af r icanist  Congress  (PAC). 
Over  600  Zimbabwean  refugees  voluntarily  returned  home  from 
Botswana  during  1986.   However,  Botswana  involuntarily 
repatriated  one  Zimbabwean,  Makhatini  Guduza,  in  February.   In 
explaining  this  repatriation,  Presidential  Affairs  Minister 
Kedikilwe  stated  that  Botswana  had  "irrefutable  evidence 
indicating  Guduza  s  direct  involvement  in  hostile  activities 
against  the  Government  of  Zimbabwe,"  which  he  claimed 
constituted  a  violation  of  Guduza' s  status  as  a  refugee. 
Kedikilwe  added  that  Botswana  had  sought  a  country  of  second 
asylum  for  Guduza  without  success. 

Section  3   Respect  for  Political  Rights:   The  Right  of  Citizens 
to  Change  Their  Government . 

Botswana  is  ruled  by  a  goverrment  genuinely  elected  by  its 
people.   In  the  1984  national  election  (the  fifth  since 
Botswana  became  independent),  an  estimated  70  percent  of  the 
eligible  voters  registered,  and  86  percent  of  the  registered 
voters  actually  cast  their  ballots.   In  1986  Botswana  held  an 
important  by-election  in  which  an  opposition  party  candidate 
won  by  a  sizable  majority  despite  a  hard-fought  campaign  by 
the  country's  ruling  party. 


22 


BOTSWANA 

There  are  five  parties  in  Botswana,  three  of  which  are 
represented  in  the  country's  National  Assembly.   Opposition 
parties  now  control  three  city  councils  in  the  country, 
including  Gaborone,  Jwaneng,  and  Francistown.   However,  one 
party,  the  Botswana  Democratic  Party  (BDP),  continues  to 
dominate  the  country's  politics,  having  held  a  majority  in  the 
National  Assembly  since  independence  in  1966. 

The  political  rights  of  women  and  minority  groups  are  generally 
observed.   For  example,  there  are  two  female  members  of 
Parliament,  one  the  Minister  of  External  Affairs,  the  other 
the  executive  secretary  of  the  majority  party.   Several 
members  of  minority  ethnic  groups  are  also  represented  in  the 
National  Assembly;  one  white  member  of  Parliament  is  also  a 
cabinet  minister,  and  the  Speaker  of  the  National  Assembly  is 
white.   Several  cabinet  ministers  are  of  Kalanga  or  Bakgaligadi 
descent . 

Section  4   Governmental  Attitude  Regarding  International  and 

Nongovernmental  Investigation  of  Alleged  Violations 
of  Human  Rights 

Botswana  cooperates  with  international  agencies  concerned  with 
human  rights,  most  notably  the  UNHCR  which  maintains  offices 
within  Botswana.   There  are  no  Botswana-based  organizations 
set  up  to  observe,  report,  or  contest  human  rights  violations. 
The  Government  consistently  has  responded  promptly  and 
forthrightly  to  inquiries  on  the  human  rights  situation  in 
Botswana  but  usually  refrains  from  public  comment  on  alleged 
human  rights  violations  in  neighboring  countries.   However, 
Botswana  condemns  apartheid  and  advocates  positive 
socioeconomic  development  in  South  Africa. 

Section  5  Discrimination  Based  on  Race,  Sex,  Religion, 
Language,  or  Social  Status 

While  95  percent  of  the  population  is  made  up  of  the  Batswana 
tribe,  there  are  eight  subgroups,  and  ethnic  differences  do 
exist  in  Botswana.,  though  they  play  a  marginal  role  in  the 
country's  politics.   Only  the  approximately  50,000  Basarwa  or 
Bushmen  remain  generally  unrepresented  in  government.   Because 
the  Basarwa  live  primarily  in  remote,  rural  areas  and  have 
little  contact  with  the  population  centers  of  Botswana,  the 
Basarwa  remain  relatively  unaffected  by  government  educational 
and  economic  assistance  programs  and,  consequently,  have 
participated  only  marginally  in  the  country's  political  life. 
The  Government  does  not  oppress  or  deny  them  rights,  and  they 
have  full  rights  of  suffrage. 

Women  hold  approximately  24  percent  of  the  paid  jobs  in 
Botswana.   An  estimated  41  percent  of  central  government 
employees  are  women,  many  of  them,  as  noted,  in  high-level 
positions.   While  there  is  little  overt  discrimination, 
statistics  suggest  that  social  custom  elevates  the  perquisites 
and  privileges  of  men  above  those  of  women.   Some  4  0  percent 
of  rural  households  are  headed  by  women.   Generally  speaking, 
women's  economic  opportunities — access  to  capital,  labor, 
draft  animals,  seeds  for  farming — are  significantly  worse  than 
those  of  men.   Women  may  choose  between  civil  marriage,  in 
which  all  property  is  held  in  common,  or  customary  marriage, 
which  recognizes  individual  property  brought  to  a  marriage. 
Most  women  are  not  aware  of  the  implications  of  these 
alternatives,  however.   Often  a  married  woman  is  unable  to 
obtain  a  bank  loan  without  the  signature  of  her  husband,  and 
likewise  an  unmarried  woman  must  obtain  the  signature  of  her 


23 


BOTSWANA 

father.   The  Government  has  assisted  in  the  publication  of  a 
women's  rights  handbook,  and  has  established  preference  points 
for  women  seeking  government-sponsored  development  loans. 

CONDITIONS  OF  LABOR 

Botswana  law  prevents  the  employment  of  children  12  years  and 
younger  by  anyone  except  members  of  the  child's  immediate 
family.   No  juvenile  under  the  age  of  15  can  be  employed  in 
industry,  and  only  those  over  16  can  be  employed  in  night  work, 
No  person  16  or  younger  is  permitted  to  work  in  hazardous 
jobs,  including  mining.   Women  are  not  permitted  to  work  at 
night  (except  on  an  emergency  basis  in  agricultural  work)  and 
are  not  permitted  to  work  as  miners.   Moreover,  Botswana  law 
protects  young  people  from  recruiters  for  jobs  outside  the 
country.   The  law  also  provides  for  minimum  working  standards, 
including  job  safety,  maximum  working  hours  per  week,  and  a 
minimum  wage.   For  some  jobs  during  certain  seasons,  Botswana 
law  permits  a  workweek  longer  than  48  hours  (such  as  in 
agriculture  during  the  harvest  season). 


66-986  0-87-2 


24 


U.S.0VERSE4S 


■LOANS  AND  GRANTS-  OBLIGATIONS  AND-  LOAN  AUTHORIZATIONS 
(U.S. FISCAL  YEARS  -  MILLIONS  OF  DOLLARS) 


CO'JNIRY:  BOTSWANA 


1934 


1935 


1986 


I.ECON.  ASSIST 
LOANS. .. . 

.-TOTAL.. . 

GRANTS 

A. AID  

LOANS 

GRANTS 

(SEC. SU=»P. ASSIST.)  ... 

B.FOOD  FOR  PEACE 

LOANS.... 

GRANTS 

TITLE  I-TDTAL 

REPAY.  IN  t-LOANS 

PAY.  IN  FOR.  CURR 

TITLE  II-TOTAl 

E. RELIEF. EC. 

VOL. RELIEF  A 

C. OTHER  EC  ON. 

LOANS  ... . 

DEV  5  WFP. 
GENCY 

ASSIST.  .  . 

GRANTS 

PEA 
NAR 
OTH 


CE  CORPS, 
COTICS... 
ER 


II. MIL.  ASSIST. -TOTAL, 

LOANS , 

GRANTS , 

l.MAP  GRANTS 

3. CREDIT  FINANCING.. 
C.INTL  MIL.ED.TRNG. , 
D.TRAN-EXCESS  STOCK, 
E. OTHER  GRANTS 


III. TOTAL  ECON.  S  MIL, 

LOANS , 

GRANTS , 


20.3 

23.7 

16.5 

0.0 

0.0 

0.0 

20.3 

23.7 

16.5 

10.8 

10.1 

13.7 

0.0 

0.0 

0.0 

10.3 

10.1 

13.7 

0.8 

10.1 

10.7 

8.0 

11.7 

0.0 

0.0 

0.0 

0.0 

8.0 

11.7 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

8.0 

11.7 

0.0 

8.0 

11.7 

0.0 

0.0 

0.0 

0.0 

1.5 

1.9 

2.3 

O.D 

0.0 

0.0 

1.5 

1.9 

2.8 

1  .5 

1.9 

2.8 

0.0 

0.0 

0.0 

0.0 

3.0 

0.0 

9.2 

9.3 

3.7 

7.0 

5.0 

0.0 

2.2 

4.3 

3.7 

2.0 

4.0 

3.4 

7.0 

5.0 

0.0 

0.2 

0.3 

0.3 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

29.5 

33.0 

20.2 

7.0 

5.0 

0.0 

22.5 

28.0 

20.2 

OTHER  US  LOANS 0.3 

3, 
0, 
0, 

.0       0.0 

EX-IM  BANK  LOANS 0.0 

ALL  OTHER 0.0 

.0       0.0 

.0       0.0 

ASSISTANCE  FROM  INTERNATIONAL  AGENCIES 
1984      1985      1986 

1946-86 

TOTAL 

50.1 

52.4 

43.6 

403.8 

IBRD 

45.3 

10.7 

.33.6 

265.8 

IFC 

0.0 

0.0 

0.0 

0.8 

IDA 

0.0 

0.0 

0.0 

14.8 

ID3 

0.0 

0.0 

0.0 

,  0.0 

ADB 

0.0 

0.0 

0.0 

0.0 

AFD3 

0.0 

41.0 

0.0 

72.3 

UNDP 

0.8 

0.7 

0.0 

16.8 

OHER-UN 

3.0 

0.0 

0.0 

2.8 

EEC 

4.0 

0.0 

10.0 

35.5 

25 


BURKINA  FASO 


Burkina  Faso,  one  of  the  poorest  countries  in  the  world,  is  a 
victim  of  frequent  drought  and  political  instability.   In 
August  1983,  Captain  Thomas  Sankara  took  power  as  President  of 
Burkina  Faso  and  of  the  National  Council  of  the  Revolution 
(CNR),  Burkina's  main  forum  for  political  decisions,  in  the 
country's  third  military  coup  since  1980.   No  political  party 
activities  have  been  permitted  since  1980,  and  there  are  no 
indications  that  the  country  will  return  to  constitutional 
rule.   Instead,  the  Government  uses  a  network  of  Committees 
for  the  Defense  of  the  Revolution  (CDR) ,  organized  at  national, 
regional,  and  local  levels,  to  mobilize  the  population  and 
promote  its  revolutionary  goals. 

Burkina  Faso  is  overwhelmingly  tied  to  subsistence  agriculture, 
with  90  percent  of  the  population  living  in  rural  areas.   The 
economy  is  highly  vulnerable  to  fluctuations  in  rainfall. 
Drought,  lack  of  communications  and  other  infrastructure,  a 
low  literacy  rate,  and  a  stagnant  economy  are  all  longstanding 
problems . 

There  was  improvement  in  the  human  rights  situation  in  Burkina 
Faso  in  1986,  and  the  Government  amnestied  all  prominent 
political  detainees.   The  confrontation  between  the  Government 
and  labor  eased.    However,  arbitrary  arrests  and  brief 
detentions  without  charges  or  trial  of  potential  political 
opponents  continued,  albeit  in  diminished  numbers.   Trials  of 
businessmen  and  civil  servants  continued,  almost  exclusively 
on  fraud  and  corruption  charges,  outside  the  traditional 
judicial  system  in  People's  Revolutionary  Courts  where 
defendants  had  no  recourse  to  legal  counsel.   Civil  servants, 
military,  and  police  accused  of  lack  of  enthusiasm  for  the 
revolution  continued  to  be  dismissed  for  reasons  ranging  from 
misconduct  to  laziness,  although  in  lesser  numbers  than  during 
1984  and  1985. 

Mali  and  Burkina  Faso  fought  a  5-day  border  war  in  late 
December  1985  over  the  long  disputed  Agacher  strip,  potentially 
rich  in  mineral  resources.   Tensions  between  the  two  countries 
remain  high,  but  a  ruling  from  the  International  Court  of 
Justice  at  the  end  of  1986  won  praise  from  both  countries, 
which  have  publicly  vowed  to  abide  by  it.   Prisoners  from  the 
December  border  war  have  been  repatriated. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1   Respect  for  the  Integrity  of  the  Person,  Including 
Freedom  from: 

a.  Political  Killing 

There  were  no  known  political  killings. 

b.  Disappearance 

There  were  no  reports  of  politically  motivated  disappearance. 

c.  Torture  and  Cruel,  Inhuman,  or  Degrading  Treatment  or 
Punishment 

There  were  no  reports  of  torture  in  1986,  but  there  were 
several  allegations  of  degrading  treatment  of  detainees. 
Anonymous  tracts  alleged  that  certain  students,  trade  union 
members,  and  teachers  had  been  detained  without  charge  and 
manhandled  by  security  authorities. 


26 


BURKINA  FASO 

Prison  conditions  are  poor,  in  part  because  of  the  material 
poverty  of  the  country. 

d.  Arbitrary  Arrest,  Detention,  or  Exile 

Reports  of  arbitrary  arrest,  followed  by  detention  for  several 
days  without  charge,  continued  in  1986.   In  many  cases,  these 
appear  to  have  been  initiated  by  poorly  trained  CDR  security 
patrols.   The  law  permits  preventive  detention  without  charge 
for  a  maximum  of  72  hours,  renewable  for  a  single  72-hour 
period  in  criminal  cases.   This  law  is  generally  followed  in 
practice  but  with  frequent  exceptions  for  both  Burkinabe  and 
foreign  nationals,  especially  in  political  cases.   In  cases  of 
emergency  or  national  security  the  military  code  overrides  the 
civil  code.   Military  code  procedures  provide  for  continued 
detention  beyond  72  hours.   For  example,  at  least  two  suspects 
in  a  June  1985  ammunition  dump  explosion  case  were  imprisoned 
for  over  1  year  without  trial. 

On  August  4,  Burkina  Faso's  national  day.  President  Sankara 
amnestied  all  remaining  suspects  in  the  June  1985  incident 
plus  a  number  of  former  ministers.   Several  prominent 
political  personalities  such  as  former  President  Colonel  Saye 
Terbo,  however,  remained  under  a  loose  form  of  house  arrest. 
Paul  Rouamba,  former  ambassador  to  the  U.S.  and  Ghana,  remained 
imprisoned. 

Several  prominent  intellectuals,  military  officers,  and  former 
government  officials  remained  in  self-imposed  exile.   Several 
times  during  late  1985  and  in  1986,  President  Sankara  publicly 
appealed  to  all  exiles  to  return  home,  promising  a  place  for 
them  in  Burkina  Faso's  struggle  for  economic  development. 

Forced  or  compulsory  labor  is  prohibited  by  the  labor  code  and 
is  not  known  to  be  practiced. 

e.  Denial  of  Fair  Public  Trial 

During  1986  the  people's  revolutionary  courts,  created  in  late 
1983  with  jurisdiction  over  state  security  and  political 
crimes,  heard  cases  involving  primarily  public  corruption. 
The  court  president  is  a  magistrate  appointed  by  the  Government 
to  head  the  tribunal  which  is  composed  of  magistrates,  military 
personnel,  and  members  of  the  Committees  for  the  Defense  of  the 
Revolution.   The  court  president  asks  questions  directly  of  the 
defendant.   There  is  no  role  for  a  public  prosecutor,  and  the 
accused  has  no  right  to  consult  counsel  during  the  session. 
Witnesses  can  be  called  by  the  court,  or  they  can  present 
themselves  to  give  testimony.   In  1986  these  courts  were  used 
extensively  but  only  in  corruption  and  embezzlement  cases. 

President  Sankara  has  said  these  people's  courts  should  be 
viewed  as  a  permanent  part  of  the  country's  judicial  system, 
and  the  Government  is  considering  an  expansion  of  such  courts. 
The  Government  has  already  organized  a  series  of  similar 
tribunals  to  hear  minor  cases  at  the  village,  department,  and 
province  levels.   Most  of  the  judges  in  these  courts  are 
popularly  elected.   The  Government's  oft-stated  aim  in 
establishing  these  "popular"  courts  is  to  ensure  fair  access 
to  justice  for  an  overwhelmingly  illiterate,  impoverished 
population . 

Meanwhile,  the  regular  judiciary,  patterned  after  the  French 
system,  has  continued  to  function  for  criminal  and  civil  cases. 
Defendants  traditionally  receive  a  fair  trial  and  are 


27 


BURKINA  FASO 

represented  by  counsel.   However,  the  fact  that  some  of  those 
amnestied  in  1986  were  never  tried,  and  most  were  sentenced  on 
corruption  charges  by  the  people's  revolutionary  courts, 
illustrates  the  unlikelihood  of  a  political  detainee  ever 
being  brought  to  trial  in  the  French-based  legal  system. 
Under  the  Government's  reorganization  program,  the  regular 
judiciary  will  likely  be  limited  to  responsibility  for 
business  and  commercial  law.   The  people's  revolutionary 
courts  will  probably  expand  their  competence  in  political  and 
criminal  cases. 

f .   Arbitrary  Interference  with  Privacy,  Family,  Home,  or 
Correspondence 

Government  authorities  are  not  known  to  interfere  in  the 
privacy,  family,  home,  or  correspondence  of  ordinary  citizens. 
Homes  may  be  searched  only  under  authority  of  a  warrant  issued 
by  the  Attorney  General,  a  procedure  generally  followed  in 
practice.   There  is  no  regular  monitoring  of  private 
correspondence  or  telephones.   However,  in  national  security 
cases  a  special  law  permits  surveillance  and  search  of  homes 
and  persons  and  monitoring  of  telephones  and  correspondence 
without  a  warrant.   This  law  has  been  used  against  individuals 
suspected  of  participation  in  coup  plots. 

The  Government  encourages  participation  in  the  Committees  for 
the  Defense  of  the  Revolution  (CDR) .   While  there  is  little 
discrimination  against  those  who  choose  not  to  become 
involved,  vigorous  participation  in  CDR  activities  helps  in 
obtaining  civil  service  appointments  and  promotions.   The 
Government  considers  opposition  to  activities  of  the  CDR's  to 
be  political  opposition,  which  can  lead  in  serious  cases  to 
such  measures  as  discharge  from  the  civil  service. 

Section  2  Respect  for  Civil  Liberties,  Including: 

a.   Freedom  of  Speech  and  Press 

While  there  is  no  formal  government  censorship,  the  high  pitch 
of  revolutionary  rhetoric,  with  its  frequent  references  to 
enemies  of  the  state  at  home  and  abroad,  inhibits  both 
government-employed  journalists  and  ordinary  citizens  from 
taking  advantage  of  their  theoretical  right  to  express  critical 
views.   The  same  inhibition,  further  stimulated  by  some  sudden 
dismissals  from  government  service  and  by  reports  of  arbitrary 
arrest,  continued  to  dampen  a  lively  tradition  of  debate  on 
political  topics.   University  professors  and  administrators 
have  been  criticized  for  "elitism"  and  dismissed  for  alleged 
counterrevolutionary  tendencies,  although  others  have  expressed 
critical  views  without  government  retaliation.   University 
students  are  now  subject  to  political  education. 

Under  the  control  of  the  Minister  of  Information,  the  media, 
which  consist  of  a  daily  and  a  weekly  newspaper,  two  weekly 
magazines,  and  a  government-operated  radio/television  station, 
are  almost  entirely  government  owned.    There  is  no  serious 
criticism  of  the  Government  in  the  media,  which  are  charged 
with  carrying  official  news  to  the  people  while  defending  the 
revolution.   There  are  occasional  government-authorized 
criticisms  made  of  the  performance  of  individual  officials. 
Something  approaching  political  criticism  is  found  in  a  new 
satirical  weekly,  run  by  the  Government  itself,  which 
concentrates  on  relatively  harmless  foibles  of  political 
leaders,  including  the  President.   Foreign  newspapers  and 
magazines  continue  to  enter  the  country  freely.   Foreign 


28 


BURKINA  FASO 

journalists  travel  and  file  stories  without  censorship  or 
hindrance  and  enjoy  easy  access  to  government  officials. 

In  the  arts,  movies  are  subject  to  censorship  by  a  review 
board  which  includes  religious  authorities  as  well  as 
government  officials.   During  1986  a  wide  variety  of  American, 
French  and  other  foreign  films  were  shown.   In  1986  there  were 
no  instances  of  political  censorship  of  movies.   There  is  no 
interference  with  international  radio  broadcasts. 

b.  Freedom  of  Peaceful  Assembly  and  Association 

Political  parties  are  banned  and  administrative  permission  is 
generally  required  for  assemblies  of  any  kind.   Nonpolitical 
associations  for  business,  religious,  cultural,  sporting,  and 
other  purposes  are  allowed  and  experience  no  difficulty  in 
obtaining  permission  to  meet. 

Organized  labor  continues  to  be  an  important  force  in  Burkina. 
There  are  four  labor  federations — of  which  the  largest  is 
affiliated  with  the  International  Confederation  of  Free  Trade 
Unions.   There  are  also  a  number  of  autonomous  unions.   The 
federations  take  turns  representing  organized  labor  at  the 
International  Labor  Organization  meetings  and  participate  in 
African  regional  labor  meetings  as  well. 

Unions  have  the  right  to  bargain  for  increased  wages  and  other 
benefits  within  a  specific  bargaining  unit  such  as  a  company 
or  factory.   They  represent  the  interests  of  their  members  in 
the  private  and  public  sectors,  as  well  as  before  the  labor 
inspection  service  of  the  Government  and  before  the  courts. 
All  unions  jealously  guard  their  independence  from  the 
Government.   Organized  labor  has  the  formal  right  to  strike, 
but  the  present  Government  has  greatly  restricted  this  right 
in  practice. 

The  1985  confrontation  between  the  Government  and  labor  eased 
in  1986.   There  were  no  known  suspensions  from  public 
employment  of  union  leaders,  as  occurred  in  previous  years. 
A  prominent  Marxist  trade  union  leader,  Soumane  Toure,  was 
released  from  detention  on  October  2,  leaving  no  known  trade 
union  leaders  in  prison.   There  were  no  indications  that 
existing  labor  organizations  would  be  brought  under  government 
control  or  replaced  by  a  national  labor  federation. 
Jurisdictional  conflicts  with  the  CDR's  diminished.   President 
Sankara  indicated  he  wishes  to  maintain  a  dialog  with  all 
Burkinabe  trade  unions. 

c.  Freedom  of  Religion 

Burkina  Faso  is  a  secular  state,  and  there  is  no  discrimination 
discrimination  on  religious  grounds.   Islam  and  Christianity 
exist  side  by  side,  with  about  25  percent  of  the  population 
being  Muslim  and  10  percent  Christian.   The  remainder  practices 
traditional  religions.   Both  Muslim  and  Christian  holidays  are 
recognized  as  national  holidays.   Social  mobility  and  access 
to  modern  sector  jobs  are  neither  linked  to,  nor  restricted 
by,  religious  affiliations. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign 
Travel,  Emigration,  and  Repatriation 

Travelers  within  Burkina  Faso  are  often  stopped  at  police, 
army,  and  internal  customs  checkpoints.   Moreover,  armed  CDR 
units  maintain  checkpoints  between  1:00  a.m.  and  5:00  a.m., 


29 


BURKINA  FASO 

though  these  checks  diminished  in  frequency  during  1986. 
Foreign  travel  for  business  and  tourism  is  not  restricted. 
Exit  permits,  once  used  to  limit  movements  of  workers  to 
neighboring  countries,  particularly  to  the  Cote  d'lvoire  where 
1  million  or  more  Burkinabe  continue  to  reside  and  work,  are 
no  longer  required.   Refugees  are  accepted  freely  in  Burkina 
Faso  and  attempts  are  made  to  provide  for  their  care  in 
cooperation  with  the  United  Nations  High  Commissioner  for 
Refugees.   The  Government  cooperated  with  the  International 
Committee  of  the  Red  Cross  (ICRC)  in  allowing  ICRC  visits  to 
prisoners  of  war  following  the  5-day  war  with  Mali  and  in 
facilitating  emergency  assistance  to  some  4,000  displaced 
persons . 

Section  3   Respect  for  Political  Rights:   The  Right  of  Citizens 
to  Change  Their  Government 

Supported  by  the  military.  President  Thomas  Sankara  rules  in 
the  name  of  the  National  Council  of  the  Revolution  (CNR),  the 
composition  of  which  has  never  been  disclosed.   There  is 
neither  a  legislative  body  nor  any  recognized  political 
opposition  group.   In  consultation  with  the  CNR,  Sankara 
appoints  his  Cabinet,  which  currently  consists  of  23  posts,  4 
held  by  military  personnel  and  the  rest  by  civilians, 
including  5  women.   The  Government  has  not  given  any  hint  of 
plans  for  elections  or  for  a  return  to  constitutional 
government . 

In  November  1985,  the  CNR  created  a  hierarchy  of  commissions 
bringing  together  CDR  officials,  government  ministry 
authorities,  and  provincial  authorities  culminating  in  a 
special  commission  chaired  by  the  President  himself  that  first 
met  in  September  1986.   These  commissions  are  apparently 
intended  to  ascertain  what  the  population  needs  and  to  guide 
the  administration  in  providing  it.   They  are  only  beginning 
to  function;  their  political  role  is  not  yet  clear.   The 
Government  is  the  largest  employer  and  uses  its  control  over 
jobs  to  ensure  political  support.   The  number  of  dismissals  on 
political  grounds  was  significantly  lower  in  1986  than  in  1985. 

Section  4   Governmental  Attitude  Regarding  International  and 

Nongovernmental  Investigation  of  Alleged  Violations 
of  Human  Rights 

A  government-supported  organization  lobbies  against  the  South 
African  apartheid  system  and  other  racial  oppression,  but  it 
makes  no  effort  to  look  into  domestic  human  rights  issues  or 
foreign  practices  other  than  racial  discrimination.   The 
Government  has  made  no  attempt  to  hinder  the  activities  of 
international  human  rights  organizations.   It  denied  reports 
by  Amnesty  International  in  its  1986  Report  (covering  1985) 
which  stated  that  several  alleged  political  opponents  of  the 
Government  had  reportedly  been  severely  tortured,  including  by 
electrical  shocks,  and  that  one  person  may  have  died  as  a 
result  of  this  torture. 

Section  5   Discrimination  Based  on  Race,  Sex,  Religion, 
Language,  or  Social  Status 

Minority  ethnic  groups  are  as  likely  to  be  represented  in  the 
inner  circles  of  the  Government  as  are  the  dominant  Mossi,  who 
comprise  50  percent  of  the  population.   Government  decisions 
do  not  favor  one  ethnic  group  over  another.   One  announced 
reason  for  the  increase  in  administrative  regions  from 


30 


BURKINA  FASO 

11  to  30  since  the  August  1983  coup  was  to  improve  access  of 
minority  groups  to  local  administrative  authorities. 

The  role  of  women  in  Burkina  Faso  is  still  limited  by  the 
cultural  orientation  of  a  rural  African  society.   For  example, 
male  children  attending  school  outnumber  female  children  by 
about  two  to  one.   The  Government  has  emphasized  its  strong 
commitment  to  expanding  opportunities  for  women,  including 
educational  opportunities.   The  Ministry  of  Family  Progress 
plays  a  leading  role  in  promoting  greater  participation  by 
women  in  the  nation's  economic,  social,  and  political  life. 
In  addition  to  the  five  women  ministers  in  the  current 
Cabinet,  women  have  been  appointed  high  commissioners  in 
several  provinces,  and  women  have  been  named  as  magistrates  in 
the  judicial  system. 

CONDITIONS  OF  LABOR 

The  labor  code  sets  the  minimum  age  for  employment  at  14,  the 
average  age  for  completion  of  basic  secondary  school. 
However,  the  Government  lacks  the  means  to  enforce  this 
provision  adequately,  owing  to  the  large  number  of  small 
family  subsistence  farms,  and  the  traditional  apprenticeship 
system.   A  minimum  monthly  wage  of  about  $75  and  a  maximum 
work  week  of  48  hours  are  stipulated  by  the  labor  code,  as  are 
safety  and  health  provisions  within  the  capabilities  of  the 
country's  relatively  small  nonagricultural  sector.   A  system 
of  government  inspections  and  labor  courts  ensures  that  these 
provisions  are  applied  in  the  industrial  and  commercial 
sectors,  but  they  have  been  impossible  to  enforce  in  the 
dominant  subsistence  agriculture  sector. 


31 


U.S. OVERSEAS 


•LOHHS  AND  GRANTS-  OBLIGATIONS  ANO  LOAN  AUTHORIZATIONS 
(U.S. FISCAL  YEARS  -  MILLIONS  OF  DOLLARS) 


COJNTRT:  BURKINA 


1  934 


1935 


1936 


I.ECON.  ASSIST.-TOTAL... 

LOANS 

GRANTS 

A. AIO  

LOANS 

GRANTS 

(SEC. SUPP. ASSIST.)  .. . 

B.FOOD  FOR  PEACE 

LOANS 

GRANTS 

TITLE  I-TOTAL 

REPAY.  IN  ^-LOANS 

PAY.  IN  FOR.  CURR 

TITLE  II-TOTAL 

£. RELIEF. EC.OEV  5  WFP, 

VOL. RELIEF  AGENCY 

C. OTHER  ECON.  ASSIST... 

LOANS 

GRANTS 

PEACE  CORPS 

NARCOTICS 

OTHER 


II.MIL.  ASSIST.-TOTAL. 

LOANS , 

GRANTS , 

4. MAP  GRANTS 

3. CREDIT  FINANCING.. 
C.INTL  MIL.ED.TRNG. , 
D.TRAN-EXCESS  STOCK, 
=  . OTHER  GRANTS 


III. TOTAL  ECON.  S  >ML 

LOANS 

GRANTS 


17.6 

26.7 

16.2 

o.a 

0.0 

0.0 

17.6 

26.7 

16.2 

0.0 

7.6 

14.9 

0.0 

0.0 

0.0 

0.0 

7.6 

14.9 

0.0 

0.0 

0.0 

16.1 

17.6 

0.0 

0.0 

3.0 

0.0 

16.1 

17.6 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

16.1 

17.6 

0.0 

6.6 

4.4 

0.0 

9.5 

13.2 

0.0 

1.5 

1.5 

1.3 

0.0 

0.0 

0.0 

1.5 

1.5 

1.3 

1.5 

1.5 

1.3 

0.0 

0.0 

0.0 

0-.  3 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

3.0 

0.0 

0.3 

3.0 

0.0 

0.3 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.3 

0.0 

0.0 

17.6 

26.7 

16.2 

0.0 

0.0 

0.0 

17.6 

26.7 

16.2 

OTHER  US  LOANS.  .. . 
EX-IM  BANK  LOANS, 
ALL  OTHER , 


0.0 
0.0 
0.0 


0.0 
0.0 

3.0 


0.0 
0.0 
0.0 


ASSISTANCE    FROM    INTERNATIONAL     AGENCIES 
1934  1935  1986 


1946-36 


TOTAL 

49.1 

64.5 

Q..0 

591.6 

IBRD 

3.0 

0.0 

0.0 

3.0 

IFC 

0.0 

0.0 

0.0 

0.5 

IDA 

7.4 

51.9 

0.0 

31  5,.  4 

ID3 

0.0 

0.0 

0.0 

0.0 

AOS 

0.0 

0.0 

0.0 

0.0 

AFDB 

41.4 

1.4 

.    0.0 

95.2 

UNOP 

0.3 

1.2 

0.0 

53.0 

OHER-UN 

0.0 

O.D 

0.0 

16.1 

EEC 

0.0 

0.3 

0.0 

111.4 

32 


BURUNDI 


The  Republic  of  Burundi  is  a  one-party  state  led  by  President 
Jean-Baptiste  Bagaza,  an  army  colonel  who  came  to  power  in 
1976  through  a  bloodless  coup.   The  role  of  the  military  in 
the  Government  is  still  influential  but  has  steadily  declined 
in  day-to-day  governance  as  Bagaza  has  appointed  civilians  to 
most  key  government  positions.   The  National  Party  for  Unity 
and  Progress  (UPRONA)  is  the  only  signficant  political  entity 
in  Burundi.   As  head  of  the  party  and  the  Government, 
President  Bagaza  has  a  dominant  policy  role.   He  also  has 
certain  decree  powers  and  appoints  and  dismisses  judges.   The 
dominance  of  the  minority  Tutsi  over  the  majority  Hutu  ethnic 
group  is  the  central  political  and  social  reality  of  Burundi 
which  continues  today  through  Tutsi  control  of  emerging 
political  institutions  and  the  military.   However,  Bagaza  has 
instituted  a  policy  of  tribal  reconciliation  and  has  appointed 
Hutus  to  all  levels  of  government,  which  reflects  an 
improvement  in  representation  in  the  Government  over  past 
years . 

The  armed  forces  maintain  law  and  order.   In  addition,  there 
is  a  regular  police  force  responsible  for  civil  and  criminal 
offenses  and  a  separate  force  of  security  police  responsible 
primarily  for  internal  state  security,  including  the 
monitoring  of  dissent.   The  State  Security  Police  have  the 
same  powers  of  arrest  as  the  regular  police  and  are  subject  to 
the  same  process  of  judicial  review  of  detentions. 

Burundi  is  a  very  poor  country  with  one  of  the  highest 
population  densities  in  Africa.   Most  Burundi  earn  their 
livelihood  as  subsistence  farmers  working  small,  privately 
owned  plots.   The  small  monetary  economy  is  based  on  coffee, 
which  accounts  for  85  percent  of  foreign  exchange.   Recent 
gains  made  in  food  production  and  agriculture  have  been 
largely  offset  by  the  high  population  growth  rate. 

Although  there  were  some  positive  developments  in  the  human 
rights  scene  in  Burundi  in  1986,  the  overall  picture  was 
clouded  by  the  Government's  intensified  crackdown  on  freedom 
of  religion.   The  Government  seized  six  Catholic  seminaries 
and  all  the  property  attached  to  them,  suspended  the 
church-run  literacy  classes,  and  closed  the  church  in  one 
Catholic  parish.   In  addition,  there  were  new  arrests  of 
priests  and  catechists  accused  of  criticizing  the  Government, 
and  missionary  expulsions  intensified.   The  Government 
released  47  Seventh-Day  Adventists  who  had  been  imprisoned  for 
refusing  to  perform  community  work  on  Saturday  mornings. 
However,  later  in  the  year,  two  other  Adventists  were  arrested 
for  the  same  reason. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1   Respect  for  Integrity  of  the  Person,  Including 
Freedom  from: 

a.  Political  Killing 

There  were  no  allegations  of  killings  for  political  motives  or 
reports  of  summary  executions. 

b.  Disappearance 

No  disappearances  caused  by  the  Government  or  by  other  groups 
were  reported.   Prison  authorities  reportedly  could  not 
account  for  all  persons  who  had  been  detained,  but  whether 


33 


BURUNDI 

those  unaccounted  for  died  in  prison,  escaped,  or  were 
released  remains  to  be  determined. 

c.  Torture  and  Cruel,  Inhuman  or  Degrading  Treatment  or 
Punishment 

Torture  is  forbidden  by  law,  but  cruel  treatment  of  suspects 
or  detainees  has  occurred  in  the  form  of  beatings  at  the  time 
of  arrest  or  interrogation.   The  Government  admits  that 
isolated  instances  of  abuse  of  prisoners  by  prison  guards  or 
officials  do  occur  but  insists  that  those  responsible  for  such 
abuses  are  punished  when  discovered.   In  fact,  two  ranking  law 
enforcement  officials  were  sentenced  to  6-year  prison  terms  in 
1986  for  torturing  a  man  to  death  during  his  interrogation. 

Prison  conditions  are  severe  due  to  overcrowding  and  lack  of 
adequate  hygiene,  medical  care,  and  food.   Prisoners  are 
segregated  according  to  the  nature  of  their  crimes,  are 
allowed  regular  family  visits,  and  participate  in 
rehabilitative  work  programs,  including  agricultural 
production.   Due  to  inadequate  prison  budgets,  food  rations 
are  very  limited,  and  there  have  been  several  reports  of 
deaths  in  prison  from  starvation.   Families  are  encouraged  and 
expected  to  provide  supplemental  food  and  other  personal  items 
to  their  imprisoned  relatives.   The  Government  admits  that 
this  is  a  serious  problem  in  the  prisons  and  it  is  trying  to 
improve  conditions. 

d.  Arbitrary  Arrest,  Detention,  or  Exile 

In  theory,  police  officers  are  empowered  to  detain  suspects 
without  an  arrest  warrant  but  must  submit  a  written  report  to 
the  public  prosecutor's  office  within  24  hours.   The  public 
prosecutor  exam.ines  the  report  and  can  either  order  the 
release  of  the  detainee  or  issue  an  arrest  warrant  valid  for 
5  days.   The  public  prosecutor  must  then  state  the  charges 
before  a  magistrate  in  the  presence  of  the  detainee.   The 
magistrate  either  releases  the  detainee  or  issues  orders 
confirming  the  detention,  initially  for  15  days  and 
subsequently  for  30-day  periods  as  necessary  to  prepare  the 
case  for  trial.   Bail  is  set  only  in  cases  of  embezzlement  or 
similar  crimes  involving  financial  wrongdoing. 

However,  the  prescribed  procedures  for  arrest  and  imprisonment 
are  not  always  followed.   The  elapsed  time  between  an  arrest 
and  the  notification  of  the  public  prosecutor  often  extends  to 
several  days,  and  detainees  do  not  always  appear  before  a 
magistrate  within  the  allotted  5  days  from  arrest.   In  most 
cases,  a  judicial  review  of  the  arrest  usually  takes  place. 
Relatives  or  consular  representatives  are  almost  always  made 
aware  of  arrests  or  detentions,  generally  at  the  time  of 
incarceration,  and  detainees  are  usually  permitted  to  go  to 
their  homes  prior  to  being  brought  to  the  place  of  detention. 

The  Government  does  not  exile  its  nationals.  Citizens  of 
other  countries  suspected  of  criminal  activity  or  lacking 
proper  residency  documents  are  expelled. 

Forced  or  compulsory  labor  is  not  permitted  under  current  law, 
but  most  citizens  are  expected  to  perform  community  service  on 
Saturdays . 


34 

BURUNDI 

e.  Denial  of  Fair  Public  Trial 

The  judiciary's  independence  is  limited  by  the  requirement  to 
adhere  to  the  guidance  and  recommendations  of  the  party,  the 
Government,  and  the  President.   Judges  are  appointed  by  and 
serve  at  the  pleasure  of  the  President.   Nevertheless,  there 
is  a  high  degree  of  autonomy  in  the  court's  daily 
administration  of  justice,  and  a  number  of  procedural 
safeguards  are  generally  observed.   Though  court  decisions 
cannot  be  overturned  by  the  executive  branch,  the  President 
has  the  power  to  pardon  or  reduce  sentences . 

Burundi  has  separate  court  systems  to  deal  with  military, 
civil/criminal,  and  state  security  cases.   Military  tribunals 
have  jurisdiction  only  over  military  personnel.   The  State 
Security  Court  has  jurisdiction  over  both  civilian  and 
military  personnel,  and  its  proceedings  need  not  be  made 
public.   As  of  the  end  of  1986,  this  court  had  not  been  used. 
Burundi  law  provides  the  right  to  counsel,  and  indigents  are 
provided  defense  counsel  by  the  State.   Pretrial  proceedings 
may  involve  lengthy  investigations.   The  public  prosecutor's 
office  generally  dismisses  cases  where  the  evidence  in  support 
of  the  charges  is  weak  and  only  proceeds  to  trial  when  it 
believes  guilt  has  been  established. 

During  the  past  6  years,  the  Government  has  taken  steps  to 
improve  the  judicial  system,  and  the  1984  Party  Congress 
recommended  additional  judicial  reforms.   New  courts  have  been 
created,  the  number  of  magistrates  has  tripled,  and  training 
seminars  and  conferences  have  been  held.   Simultaneously, 
however,  prison  populations  have  doubled  or  tripled,  and  the 
courts  are  hampered  by  a  lack  of  trained  legal  personnel  and 
by  heavy  case  loads.   It  is  estimated  that  as  many  as  half  of 
those  currently  incarcerated  have  not  been  tried  and 
sentenced.   In  the  case  of  the  47  Adventists  arrested  for 
refusing  to  perform  community  work  on  Saturday  mornings,  none 
ever  appeared  before  a  magistrate. 

At  the  end  of  1986,  there  were  at  least  five  political 
prisoners  and  a  number  of  political  detainees  in  Burundi.   In 
late  1985,  two  priests  and  three  lay  people  were  tried  for 
insulting  the  Chief  of  State  in  a  tract  criticizing  the 
Government's  attitude  toward  religion;  they  were  found  guilty 
and  are  serving  sentences  of  up  to  5  years  in  prison.   Amnesty 
International's  claim  of  up  to  50  political  prisoners  in 
Burundi  includes  the  47  Adventists,  who  have  since  been 
released.   However,  since  October  1986,  a  priest  who 
criticized  the  Government  and  two  Adventists  who  refused  to 
perform  Saturday  work  have  been  imprisoned  without  trial. 
Another  priest  who  criticized  the  Government  was  arrested  in 
late  December.   There  are  also  former  ministers,  from 
President  Micombero's  regime,  in  prison  for  criticizing  the 
Government's  religious  policy. 

f.  Arbitrary  Interference  with  Privacy,  Family,  Home,  or 
Correspondence 

The  inviolability  of  private  correspondence  and  of  the  home 
are  guaranteed  in  the  Constitution  and  respected  in  practice. 
A  judicial  warrant  is  required  for  a  law  enforcement  official 
to  enter  and  search  a  private  residence. 

Membership  in  the  major  political  party  and  its  affiliated 
organizations  is  open  to  all  but  is  not  required.   The  State 


35 


BURUNDI 

Security  Office  monitors  political  dissent  through  the  State 
Security  Police  and  by  employing  paid  informers  who  report  on 
discontent  and  dissension  as  well  as  on  criminal  activity. 

Section  2  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press 

Freedom  of  speech  is  limited.   Defamation  of  the  Chief  of 
State  is  a  crime,  and  criticism  of  the  party  and  government 
policies  or  leadership  is  only  permitted  within  government 
institutions,  such  as  the  National  Assembly  and  the  UPRONA. 
Academic  freedom  is  also  limited.   At  the  primary  and 
secondary  school  level,  teachers  are  expected  to  support 
government  policies.   At  the  university,  professors  come  from 
several  different  countries  and  are  permitted  to  lecture 
freely  in  their  subject  areas,  conduct  research,  and  draw 
independent  conclusions.   Censorship  occurs  only  in  the  case 
of  sexually  explicit  foreign  film  material  or  publications. 

The  Government  controls  all  domestic  print  and  broadcast 
media.   The  French  language  daily  and  Kirundi  language  weekly 
are  published  by  the  Ministry  of  Information,  which  also 
operates  the  domestic  radio  and  television  stations.   The 
media  are  required  to  support  the  fundamental  policies  of  the 
party  and  the  Government.   Some  criticism  of  the  Government  is 
permitted  in  the  printed  press,  but  journalists  are  state 
employees  and  are  subject  to  disciplinary  action  if  their 
criticism  goes  beyond  what  is  considered  tolerable.   The 
Government  rarely  interferes  with  the  distribution  of  foreign 
news  publications  and  never  interferes  with  radio  reception 
from  foreign  sources. 

b.  Freedom  of  Peaceful  Assembly  and  Association 

The  express  authorization  of  the  Government  is  required  for 
all  political  meetings.   This  effectively  guarantees 
government  control  of  all  public  forums  and  limits  association 
for  political  purposes  to  participation  in  the  party  or  its 
affiliated  youth,  labor,  or  women's  movements. 

The  party  controls  the  trade  union  confederation,  the  National 
Labor  Union  or  UTB,  and  has  enforced  this  single  trade  union 
structure  by  means  of  legislation.   The  principal  role  of  the 
UTB,  to  which  virtually  the  entire  salaried  work  force 
belongs,  is  to  serve  as  an  intermediary  between  workers  and 
employers  in  labor  matters.   The  UTB  arbitrates  individual  and 
collective  labor  disputes  and  often  forces  employers  to  revise 
their  practices.   However,  unauthorized  advocacy  of  a  strike 
or  lockout  is  a  criminal  offense.   Therefore,  though  they  are 
technically  permissible,  there  have  been  no  strikes  in  recent 
years.   The  UTB  participates  in  the  International  Labor 
Organization  and  is  a  member  of  the  Organization  of  African 
Trade  Union  Unity.   In  1986  the  UTB  held  an  extraordinary 
meeting  to  adopt  its  statutes,  and  the  proceedings  were 
relatively  democratic. 

The  Government  permits  nonpolitical  private  associations,  but 
requires  that  they  be  registered  and  accorded  legal 
recognition  before  they  may  function. 

c.  Freedom  of  Religion 

Religious  freedom  exists  within  strictly  defined  limits,  as 
the  Government  considers  religious  organizations  subject  to 


36 


BURUNDI 

the  same  sorts  of  rules  and  restrictions  which  apply  to 
secular  organizations.   All  religious  associations  must 
receive  approval  from  the  Government  to  operate  in  Burundi  and 
are  expected  not  to  engage  in  political  activity  critical  of 
the  regime  in  power.   The  authorities  must  be  informed  in 
advance  of  religious  gatherings,  which  are  limited  to 
recognized  places  of  worship,  and  religious  services  are 
authorized  only  after  5  p.m.  Mondays  through  Fridays,  after 
midday  on  Saturday,  and  all  day  on  Sundays.   The  Jehovah's 
Witnesses  sect  is  banned  by  the  Government  because  its 
doctrine  allegedly  challenges  certain  precepts  of  civil 
authority.   Consequently,  members  of  the  sect  cannot  openly 
carry  out  activities  within  the  faith  nor  can  they 
proselytize.   There  are  no  reports  of  persons  being  imprisoned 
for  merely  adhering  to  the  sect's  beliefs.   The  Seventh-Day 
Adventists'  refusal  to  perform  work  of  any  kind  on  Saturday, 
their  Sabbath,  led  to  the  closing  of  their  churches  and 
schools  as  well  as  the  loss  of  their  legal  status  in  1985. 
Between  December  1985  and  May  1986,  47  Adventists  were 
arrested  for  their  failure  to  respect  the  Government 
requirement  that  Burundi  citizens  perform  community  service  on 
Saturday  mornings,  and  a  number  of  women  and  children  were 
detained  for  3  days  for  participating  in  an  unauthorized 
religious  gathering.   The  47  were  released  in  June,  but  in 
October,  2  others  were  arrested  for  the  same  reason.   Between 
8  and  10  other  Christians  were  also  arrested  during  1986. 
They  were  generally  held  for  refusing  to  respect  government 
restrictions  and  were  released  after  a  few  days  or  weeks; 
these  included  religious  leaders  and  laymen.   Two  Catholic 
priests,  arrested  for  criticizing  the  Government,  remain  in 
jail . 

Over  140  missionaries  were  expelled  in  1985.   After  an  initial 
cutback,  the  expulsions  resumed  in  1986,  resulting  in  the 
departure  of  around  70  more  missionaries.   Believing  that  they 
could  no  longer  provide  adequate  services,  an  equal  number 
left  voluntarily,  so  that  by  year's  end  fewer  than  200  foreign 
missionaries  remained  in  the  country.   Church  schools  and  most 
seminaries  were  placed  under  state  control  in  1986,  and 
clerics  were  generally  relieved  from  teaching  positions.   In 
addition,  church-run  rural  literacy  classes  were  suspended, 
depriving  approximately  300,000  Burundi  children  and  adults  of 
one  of  the  few  means  of  bettering  themselves.   Informed 
observers  believe  that  the  Government  is  actively  reducing  the 
influence  of  the  Catholic  Church  in  Burundi  because  of  its 
desire  to  establish  clearly  its  civil  authority  as  preeminent 
over  other  sources  of  influence.   Church  access  to  the  media 
is  curtailed  by  the  longstanding  suspension  of  a  Catholic 
newspaper  and  of  religious  broadcasts. 

There  are  no  barriers  to  the  maintenance  of  links  with 
coreligionists  in  other  countries.   Religious  beliefs  do  not 
exclude  people  from  participation  in  the  party  or  from 
receiving  social  benefits. 

d.   Freedom  of  Movement  Within  the  Country,  Foreign 
Travel,  Emigration,  and  Repatriation 

Movement  is  generally  free  within  Burundi,  although  government 
policies  discourage  urban  migration.   Foreign  travel  and 
emigration  are  relatively  free.   However,  prospective  Burundi 
travelers  must  have  exit  visas  as  well  as  passports. 
Occasionally,  the  Government  withholds  these  documents  without 
explanation  but  apparently  for  political  motives.   Foreigners 


37 


BURUNDI 

wishing  to  leave  Burundi  have  also  occasionally  been  denied 
exit  visas  until  they  prove  they  have  no  outstanding  debts. 
Long-time  foreign  residents  of  all  nationalities  wishing  to 
stay  in  Burundi,  including  some  missionaries,  are  experiencing 
increasing  difficulty  in  renewing  their  residence  permits. 

The  Government  cooperates  closely  with  the  office  of  the 
United  Nations  High  Commissioner  for  Refugees  (UNHCR) . 
Burundi  claims  to  shelter  262,000  refugees,  but  most  are 
long-time  residents  who  are  now  well  assimilated  and  therefore 
might  be  described  more  accurately  as  displaced  persons.   The 
UNHCR  estimates  that  there  are  approximately  70,000  refugees, 
primarily  Tutsis  of  Rwandan  origin  who  fled  to  Burundi  in  the 
1960 's.   Many  are  well  integrated  in  Burundi,  although  they 
may  acquire  citizenship  only  through  marriage  to  a  Burundi 
citizen.   Refugees  who  fled  from  Burundi  in  the  early  1970 's 
and  before  continue  to  return  and  have  full  rights  as 
citizens.   The  Government  periodically  repatriates  Rwandan 
nationals  who  lack  residence  permits  or  who  have  been  arrested 
on  suspicion  of  criminal  activities. 

Amnesty  International  has  expressed  concern  about  the 
situations  of  refugees  and  asylum  seekers  from  Zaire.   About 
1,800  Zairians,  allegedly  without  proper  papers,  were  expelled 
to  either  Tanzania  or  Zaire  in  September  1986. 

Section  3   Respect  for  Political  Rights:   The  Right  of  Citizens 
to  Change  Their  Government 

Burundi  citizens  do  not  have  the  right  to  change  their 
government.   Political  participation  can  take  place  only 
within  the  one-party  structure,  and  voters  can  express 
dissatisfaction  only  by  voting  against  incumbents.   The 
President  of  the  party  is  the  sole  candidate  for  President  of 
the  Republic.   Power  rests  with  the  President  and  with  the 
party's  central  committee.   The  party  is  open  to  all  Burundi 
supporting  its  principles  and  claims  a  membership  of 
approximately  1.4  million,  about  three-quarters  of  the  adult 
population.   The  party  regularly  holds  local  and  regional 
meetings,  where  party  members  discuss  issues  and  make 
recommendations.   While  there  are  multiple  candidates  for 
party  positions,  balloting  is  not  secret. 

Although  the  military  retains  influential  presence  in  all  the 
party  organs  and  in  the  Government,  its  role  in  actual 
administration  has  declined  markedly  since  1979.   Apart  from 
the  President,  who  holds  the  defense  portfolio,  only  three 
military  officers  are  currently  cabinet  members,  and  military 
officers  hold  15  of  the  69  central  committee  seats.   The 
Constitution  provides  for  a  National  Assembly,  which  was 
seated  in  1982  with  a  5-year  mandate.   The  Assembly  is 
comprised  of  65  representatives,  of  whom  52  are  elected  by 
secret  ballot  under  universal  adult  suffrage,  and  the 
remainder  are  appointed.   All  candidates  were  drawn  from  a 
list  preselected  by  provincial  electoral  colleges  composed  of 
party  and  government  officials.   Two  candidates  were  permitted 
for  each  elective  seat.   The  balloting  was  evidently  free,  as 
several  high  party  and  government  officials  failed  to  win 
seats.   The  Assembly  is  not  intended  to  be  a  separate  and 
independent  power  but  is  expected  to  cooperate  with  and 
complement  the  executive  and  other  institutions.   Over  the 
last  4  years,  the  National  Assembly  has  actively  debated 
government  policy,  occasionally  expressing  pointed  criticism. 


38 


BURUNDI 

Section  4   Governmental  Attitude  Regarding  International  and 

Nongovernmental  Investigation  of  Alleged  Violations 
of  Human  Rights 

Burundi  is  a  party  to  several  United  Nations  instruments  on 
human  rights,  and  its  Constitution  provides  for  the  protection 
of  such  rights.   There  were  no  reports  during  1986  of  requests 
for  outside  investigations  of  alleged  human  rights  violations. 

Section  5   Discrimination  Based  on  Race,  Sex,  Religion, 
Language,  or  Social  Status 

The  minority  Tutsi  have  for  centuries  dominated  the  majority 
Hutu.   Civil  strife  in  1972,  which  culminated  in  government 
sanctioned  massacres,  resulted  in  the  deaths  of  around  150,000 
Hutu  and  caused  another  200,000  to  flee  to  neighboring  Rwanda 
and  Tanzania.   Since  the  advent  of  the  Bagaza  Government  in 
1976,  the  level  of  ethnic  tension  has  markedly  declined. 
Thousands  of  Hutu  refugees  have  returned  to  Burundi.   While 
the  Government  is  far  from  representative  of  the  Burundi 
population  as  a  whole  (85  percent  Hutu,  14  percent  Tutsi,  and 
1  percent  other),  Bagaza  has  appointed  Hutus  to  all  levels  of 
government,  including  5  to  his  19-member  Cabinet,  and  there 
are  about  18  Hutu  representatives  in  the  65-member  National 
Assembly. 

Intermarriage  has  also  contributed  to  a  blurring  of  ethnic 
distinctions.   The  low  level  of  economic  development  in  rural 
areas  affects  both  Tutsi  and  Hutu,  making  the  difference  in 
economic  status  between  the  two  groups  scarcely  discernible  in 
the  countryside.   However,  because  of  their  longstanding 
dominance  of  the  Government  and  access  to  education,  the  Tutsi 
predominate  in  the  modern  economic  sector.   The  military 
remains  under  Tutsi  control.   Maintenance  of  Tutsi  domination 
is  a  chief  objective  of  the  regime.   Nevertheless,  there  is  no 
evidence  that  Hutus  are  denied  equal  protection  under  the  law. 

Women  in  society  hold  a  secondary  position,  although  their 
status  is  undergoing  considerable  change  from  traditional 
patterns.   The  Constitution  provides  for  legal  equality.   The 
legal  code  prohibits  polygamy  and  the  requirement  of  a  dowry 
and  allows  women  some  control  over  family  matters.   Women 
still  cannot  inherit  land  and  cannot  take  a  salaried  job  if 
forbidden  to  work  by  their  husbands.   Although  fewer  women 
than  men  attain  a  formal  education,  once  a  degree  is  attained 
women  can  generally  find  suitable  employment.   The  Government 
does  not  discriminate  against  women  in  hiring.   Women  are 
represented  at  all  levels  in  the  political  life  of  the 
country.   However,  their  main  vehicle  of  political  expression 
is  the  Burundi  Women's  Union  which  is  affiliated  with  the 
party.   The  party  remains  dominated  by  males. 

CONDITIONS  OF  LABOR 

Worker  rights  are  guaranteed  by  the  Burundi  Labor  Code  and  by 
the  National  Collective  Interprofessional  Labor  Convention. 
Working  hours  vary  between  40  and  45  hours  per  week;  Saturday 
afternoons,  Sundays,  and  holidays  are  times  of  rest.   Children 
under  the  age  of  12  may  not  be  employed  in  any  capacity,  nor 
may  children  under  the  age  of  16  be  engaged  in  dangerous  or 
strenuous  work,  but  as  a  practical  matter,  many  children  are 
obliged  by  custom  and  circumstance  to  help  their  families  in 
subsistence  agriculture.   Minimum  health  and  safety  standards 
are  monitored  and  enforced  in  the  modern  economic  sector  by 
the  Ministry  of  Labor.   Burundi  has  a  minimum  wage  of 
approximately  $1.12  per  day. 


39 


U.S. OVERSEAS 


■LOANS  ANO  GRANTS-  OBLIGATIONS  AND  LOAN  AUTHORIZATIONS 
(U.S. FISCAL  YEARS  -  MILLIONS  OF  DOLLARS) 


COJNTRY:  BURUNDI 


1984 


1985 


1986 


I. SCON. 
LO 
GR 
A.  AID 
LO 
GR 
(SEC 
3. FOOD 
LO 
GR 
TITLE 
REPAY 
PAY. 
TITLE 
E.RcL 
VOL.R 
COT  HE 
LO 
GR 


ASSIST, 
ANS. . . . . 
ANTS.. .. 


■TOTAL., 


ANS 

ANTS , 

.SUPP. ASSIST.) .. . 

FOR  PEACE 

ANS 

ANTS 

I-TOTAL 

.  INI  $-LOANS  .  .  .  .  , 

IN  FOR.  CURR 

II-TOTAL 

lEF.EC.OEV  J  WFP, 

ELIEF  AGENCY 

R  SCON.  ASSIST... 

ANS 

ANTS 

PEACE  CORPS 

NARCOTICS 

OTHER 


7. 
0. 

3. 

0. 

3. 

0, 

3, 

0. 

3. 

0, 

0. 

0, 

3, 

1, 

1, 

0. 

0.0 

0.6 

0.6 

0.0 

0.0 


6.9 
0.0 
6.9 
4.3 
0.0 
4.3 
0.0 
1.9 
0.0 
1.9 
0.0 
0.0 


0.0 
0.7 
0.7 
0.0 
0.0 


3.6 
0.0 
3.6 
3.1 
0.0 
3.1 
0.0 
0.0 


0.0 
0.0 
0.0 
0.5 
0.0 
0.5 
0.5 
0.0 
0.0 


II.MIL.  ASSIST. -TOTAL, 

LOANS , 

GRANTS 

4.  MAP  GRANTS 

3.  CREDIT  FINANCING., 
C.INTL  MIL.EO.TRNG., 
D.TRAN-E<CESS  STOCK, 
£. OTHER  GRANTS 


0.0 

0.0 


0.1 
0.0 
0.1 
0.0 
0.0 
0.1 
0.0 
0.0 


0.1 
0.0 
0.1 

0.0 
0.0 

0.1 
0.0 
0.0 


III. TOTAL  ECON.  i  MIL, 

LOANS 

GRANTS , 


7.8 

0.0 
7.8 


7.0 
0.0 
7.0 


3.7 
0.0 
3.7 


OTHER  US  LOANS..., 
EX-IM  SANK  LOANS, 
ALL  OTHER 


0.0 

0.0 
0.0 


0.0 

0.0 
0.0 


0.0 
0.0 
0.0 


ASSISTANCE    FROM    INTERNATIONAL    AGENCIES 
1984  1985  1986 


1946-86 


TOTAL 

20.4 

63.1 

37.3 

483.9 

I3RD 

0.0 

0.0 

0.0 

4.8 

if: 

0.0 

O.G 

0.0 

5.6 

104 

5.1 

30.4 

37.3 

247.3 

IDS 

0.0 

0.0 

0.0 

0.0 

A09 

0.0 

0.0 

0.0 

0.0 

AFD3 

13.0 

31.7 

0.0 

108.2 

UNDP 

2.3 

1.0 

,   0.0 

48.4 

OTHER-UN 

0.0 

0.0 

0.0 

9.3 

EEC 

0.0 

0.0 

0.0 

60.3 

40 


CAMEROON 


Political  power  in  Cameroon  is  heavily  concentrated  in  the 
presidency.   The  President  appoints  all  government  and  party 
officials  and  makes  all  major  decisions,  although  key 
parliamentarians  in  the  National  Assembly  and  others  have  some 
behind-the-scenes  influence.   Cameroon  had  an  active  multiparty 
system  at  the  time  of  its  independence,  but  under  former 
President  Ahidjo,  all  parties  were  gradually  consolidated  into 
the  Cameroon  National  Union,  renamed  in  1985  under  President 
Paul  Biya  the  Cameroon  People's  Democratic  Movement  (CPDM) . 
President  Biya  has  moved  toward  greater  democratization  of  the 
party  structure,  notably  in  1986  by  permitting  multiple 
candidates  for  many  party  offices. 

Internal  security  responsibilities  are  shared  by  the  National 
Police  (Surete  National),  the  National  Intelligence  Service 
(Centre  de  Documentation  Nationale,  CND),  the  Ministry  of 
Territorial  Administration,  Military  Intelligence,  and,  to  a 
lesser  extent,  the  Presidential  Security  Service.   The  Ministry 
of  Territorial  Administration  is  in  charge  of  prisons,  and  the 
National  Police  has  the  dominant  role  in  enforcing  internal 
security  laws.   The  CND  and  the  military  are  still  involved  in 
both  those  functions  but  to  a  lesser  degree. 

Cameroon's  economy  continues  to  grow,  and  its  per  capita  income 
($840  in  1985)  ranks  Cameroon  among  the  middle  income 
developing  countries,  though  it  remains  plagued  by  many 
problems  of  underdevelopment.   Even  though  revenues  from  oil 
are  down  (due  to  the  fall  in  world  prices),  the  market-oriented 
economy  remains  strong  because  of  its  diversified  agricultural 
base  and  the  Government's  economic  policy  management. 

During  the  22  years  of  of  President  Ahidjo 's  rule,  Cameroon's 
diversity  and  the  armed  violence  in  some  parts  of  the  country 
were  used  to  justify  authoritarian  control  and  harsh 
restrictions  on  civil  liberties.   In  contrast,  under  Biya  the 
hum.an  rights  environment  has  improved  and  in  1986  reflected  not 
only  some  liberalization  within  the  CPDM,  but  also  increasing 
freedom  of  expression,  especially  in  the  private  press. 
However,  this  latter  progress  was  countered  by  occasional 
incidents  of  arbitrary  censorship  and  harassment.   Several 
Anglophone  print  and  radio  journalists  were  arrested  and 
detained  for  4  months.   In  August  the  Government  released  from 
detention  at  least  15  activists  from  an  outlawed  political 
party.   By  most  estimates,  10  to  20  political  detainees  remain 
in  custody. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1   Respect  for  the  Integrity  of  the  Person,  Including 
Freedom  from: 

a.  Political  Killing 

There  were  no  reports  of  political  killing. 

b.  Disappearance 

There  were  no  reports  of  disappearance. 

c.  Torture  and  Cruel,  Inhuman  or  Degrading  Treatment  or 
Punishment 

Torture  is  proscribed  by  the  criminal  code,  which  renders 
evidence  obtained  by  torture  inadmissible.   In  addition,  the 


41 


CAMEROON 

penal  code  prohibits  public  servants  from  using  force  against 
any  person.   However,  very  poor  prison  conditions,  including 
overcrowding,  inadequate  food  and  sanitation,  and  limited 
medical  facilities  remain  problems.   Prisoners  have  reportedly 
suffered  from  severe  malnutrition  unless  provided  food  by 
friends  or  families.   In  1986  the  Government  recognized  these 
problems  and  focused  attention  on  the  need  for  prison  reform. 
The  Secretary  of  State  for  Territorial  Administration  visited 
prisons  in  most  of  the  provinces  and  his  suggestions  for  reform 
received  wide  press  coverage. 

There  were  reports  that  two  members  of  the  outlawed  political 
party.  Union  des  Populations  du  Cameroun  (UPC),  arrested  in 
December  1985,  were  tortured  during  their  detention.   Persons 
under  "administrative  detention"  (i.e.  political  detainees)  are 
kept  in  special  camps  or  prisons.   Access  to  the  administrative 
detention  centers  by  families  and  friends  is  reported  to  be 
severely  restricted. 

d.   Arbitrary  Arrest,  Detention,  or  Exile 

Under  Cameroonian  law,  a  person  arrested  on  suspicion  of 
committing  an  offense  may  not  be  held  for  more  than  48  hours 
without  a  court  order.   This  provision  is  generally  observed  in 
nonpolitical  cases.   However,  after  an  investigating  magistrate 
has  determined  that  the  case  should  be  brought  to  trial  and  has 
issued  a  warrant  to  that  effect,  there  is  no  limitation  on  how 
long  the  detainee  may  be  held  in  "preventive  detention"  pending 
trial.   Accused  persons  awaiting  trial  constitute  the  majority 
of  persons  in  the  prisons  at  Yaounde  and  Douala.   Release  on 
bail  is  infrequent. 

Persons  may  be  held  in  administrative  detention  under 
legislation  pertaining  to  subversion.   Such  detention  by 
regional  authorities  is  initially  for  1  month,  renewable  twice, 
and  may  be  extended  up  to  an  additional  6  months  by  the 
Minister  of  Territorial  Administration.   Generally,  those 
arrested  and  placed  in  administrative  detention  do  not 
disappear — their  families  are  told  where  they  are  and  they  are 
eventually  released,  although  the  detention  may  be  lengthy. 
Political  detainees,  10  to  20  of  whom  are  currently  estimated 
to  be  in  custody,  are  usually  held  under  this  type  of 
detention.   Under  the  state  of  emergency  which  exists  in 
portions  of  three  provinces,  authorities  may  also  order 
detention  for  up  to  I  week  for  persons  judged  "dangerous  to 
public  security."   The  Minister  of  Territorial  Administration 
may  also  order  detention  of  such  persons  for  up  to  2  months; 
the  order  is  renewable  without  limitation.   The  state  of 
emergency  provisions  were  used  rarely,  if  at  all,  in  1986. 

Fon  Gorji  Dinka,  a  radical  Anglophone  spokesman  detained  in 
June  1985,  was  released  without  trial  in  January  1986. 
Fourteen  members  and  activists  of  the  UPC,  who  were  arrested  in 
December  1985,  were  released  in  August.   Their  release  was 
given  wide  publicity  as  an  example  of  the  increasing 
liberalization  of  the  political  system  under  President  Biya. 
An  unknown  number  of  UPC  members  remain  in  self-imposed  exile. 

Another  outlawed  dissident  party,  the  Cameroon  Democratic  Party 
(CDP),  has  had  members  in  self-imposed  exile  since  the  party 
lost  its  bid  to  be  legalized  in  1984.   President  Biya  in  1985 
issued  a  call  for  all  Cameroonians  to  return  to  Cameroon 
without  fear. 


42 


CAMEROON 

Local  police  sometimes  harass  citizens  and  threaten  to  detain 
them  unless  bribes  are  paid.   These  actions  are  not  condoned  by 
high  government  officials  and  have  been  sharply  criticized  by 
the  President.   In  mid-1986  the  national  campaign  to  eradicate 
corruption  specifically  cited  the  police  as  needing  reform.   In 
August  the  Secretary  of  State  for  Internal  Security  stressed  to 
new  graduates  of  the  police  academy  that  discipline  and  moral 
vigor  were  necessary  for  an  effective  police  force. 

There  are  no  reports  of  forced  labor  being  practiced  in 
Cameroon. 

e.  Denial  of  Fair  Public  Trial 

Trial  by  a  presiding  magistrate  is  guaranteed  by  law,  and  this 
practice  is  followed  with  the  exception  of  persons  held  under 
administrative  detention.   Public  trials  are  also  guaranteed  by 
law,  although  exceptions  are  allowed  for  the  public  good  or 
national  security  reasons.   Trials  which  involve  prominent 
persons  or  which  are  controversial  are  sometimes  held  in 
private.   Magistrates  in  Cameroon  are  drawn  from  a  corps  of 
career  civil  servants  and  are  required  to  have  law  degrees. 
Their  decisions  are  generally  not  subject  to  government 
interference,  and  they  are  usually  considered  to  conduct  fair 
trials.   Defendants  in  felony  cases  are  provided  attorneys  if 
they  cannot  afford  to  engage  their  own. 

Crimes  involving  subversion  or  illegal  use  of  weapons,  as  well 
as  crimes  involving  the  military,  are  tried  by  military 
tribunal.   Each  tribunal  has  three  members,  and  its  presiding 
officer  must  be  a  magistrate.   In  some  cases,  the  magistrate  is 
a  civilian,  but  often  it  is  a  military  officer.   As  in  civil 
cases,  defendants  are  entitled  to  either  public  or  private 
counsel . 

f.  Arbitrary  Interference  with  Privacy,  Family,  Home,  or 
Correspondence 

Both  invasions  of  the  home  and  tampering  with  correspondence 
are  violations  of  Cameroonian  law.   There  are  reports  that 
police  do  enter  homes  without  warrants  during  periodic  searches 
for  criminals  in  low  income  neighborhoods.   Surveillance  of 
suspected  political  dissidents,  including  monitoring  of  mail 
and  of  telephone  conversations,  is  also  common. 

Section  2   Respect  for  Civil  Liberties,  Including: 

a.   Freedom  of  Speech  and  Press 

The  Constitution  of  1972  guarantees  the  freedom  of  expression 
and  press,  but  under  Cameroonian  law  and  practice  these 
freedoms  are  restricted.   No  written  ground  rules  exist,  and 
the  private  press  must  submit  each  issue  to  see  what  is  deemed 
acceptable  and  what  is  not.   There  is  no  evidence  that  anyone 
is  punished  for  privately  criticizing  the  Government,  and 
freedom  of  political  discussion  exists  to  a  degree  that  was 
unknown  during  the  Ahidjo  era.   During  1986  controls  on  the 
private  press  continued  to  loosen,  but  they  remain  extensive 
and  subject  to  government  interpretation.   The  private  press 
has  flourished  with  close  to  20  newspapers  publishing  on  a 
regular  schedule.   Several  new  papers  have  increased  the  depth 
of  their  reporting  and  criticism  of  Government  programs  but 
still  have  difficulties  with  censorship.   One  issue  of  Le 
Messager,  one  of  the  most  respected  of  the  private  newspapers, 
was  not  distributed  after  the  censor  asked  for  the  removal  of 


43 


CAMEROON 

8  pages  of  the  16-page  issue.   In  February  1986,  two  Cameroon 
Times  journalists  were  arrested  at  the  Cameroon/Nigeria  border 
on  charges  of  carrying  subversive  materials  and  currency 
violations.   An  anniversary  edition  of  the  Times,  which  they 
were  taking  to  Nigeria  to  be  printed,  reportedly  contained  an 
article  commenting  on  Anglophone  protests.   The  two  were 
released  without  charge  or  trial  in  March. 

There  has  also  been  increased  editorial  comment  in  the 
government-controlled  press  and  radio,  although  the  Government 
affords  official  journalists  much  less  latitude  than  it  does 
their  private  counterparts.   Most  official  journalists  are 
civil  servants  and  can  be  transferred  to  less  desirable  jobs  if 
they  do  not  censor  their  own  reporting.   After  making 
derogatory  remarks  about  some  parliamentarians  on  the  air, 
three  Anglophone  radio  journalists  were  detained  without  charge 
in  June  and  released  4  months  later  without  trial.   One  of  the 
journalists  was  subsequently  charged  with  "contempt  of  civil 
authorities,"  a  criminal  offense. 

Cameroonian  television  has  been  on  the  air  since  December  1985, 
and  though  the  television  journalists  seem  to  have  more  leeway 
to  tackle  sensitive  social  issues,  they,  like  their  print  and 
radio  counterparts,  practice  self-censorship  on  controversial 
political  issues. 

Occasionally,  issues  of  international  publications  are  seized 
because  they  contain  articles  about  Cameroon  which  the 
Government  considers  inflammatory  or  defamatory. 

b.  Freedom,  of  Peaceful  Assembly  and  Association 

The  freedoms  of  assembly  and  association,  while  guaranteed  in 
the  Constitution,  are  restricted  in  practice  and  in  law.   The 
Cameroonian  penal  code  prohibits  public  meetings, 
demonstrations,  or  processions  without  prior  government 
approval,  and  organizations  must  register  with  the  Government. 

The  sole  labor  union,  the  Organization  of  Cameroonian  Workers 
Union  (OCWU) ,  operates  within  the  framework  of  the  official 
party,  and  top  union  leadership  is  chosen  by  the  Government. 
However,  in  October  1986,  the  OCWU  voted  to  adhere  to  the 
principles  of  democratization  espoused  by  the  party,  and  local 
and  divisional  union  leaders  will  now  be  chosen  by  open 
election.   The  union  does  not  play  a  major  role  in  Cameroonian 
politics,  although  it  has  a  membership  of  approximately  450,000 
workers  in  a  working  population  of  more  than  3  million.   It 
pursues  individual  worker  grievances  and  seeks  improvements  in 
government  programs  for  worker  safety  and  training. 

The  union  participates  in  government-regulated  labor 
negotiations,  but  strikes  are  illegal.   Political  activity  by 
the  trade  union,  excepting  action  designed  to  protect  economic 
and  other  interests,  is  prohibited.   Contact  with  foreign  trade 
union  organizations  requires  government  authorization. 
Cameroon  is  a  member  of  the  International  Labor  Organization 
(ILO) ,  and  rank  and  file  union  members  comprise  the  labor 
component  of  the  Cameroonian  delegation  to  its  meetings.   The 
union  is  also  a  member  of  the  Organization  of  African  Trade 
Union  Unity. 

c.  Freedom  of  Religion 

Freedom  of  religion  is  guaranteed  in  the  Constitution  and  is 
generally  respected.   Roughly  20  percent  of  Cameroonians  are 


44 


CAMEROON 

Muslim,  30  percent  Christian,  and  the  rest  animist.   Officials 
of  the  Government  and  party  are  drawn  from  members  of  all 
denominations.   Missionaries  played  a  major  role  in  the 
development  of  Cameroon  and  continue  to  be  active.   However, 
the  Jehovah's  Witnesses,  who  do  not  acknowledge  the  supremacy 
of  the  state,  were  banned  in  1970  and  have  periodically  been 
targets  of  harassment  since  then.   Observance  of  traditional 
religions  is  not  discouraged  by  the  Government,  although  acts 
of  witchcraft,  magic,  or  divination  "liable  to  disrupt  public 
order  or  tranquility,  or  to  harm  persons  or  property"  are 
outlawed  with  penalties  of  up  to  10  years  imprisonment. 

Independent  Muslim  and  Christian  publications  exist  in 
Cameroon,  and  there  is  no  evidence  that  they  are  censored  more 
heavily  than  the  secular  press.   The  exception,  again,  is  the 
Jehovah's  Witnesses,  who  are  not  allowed  to  publish  or 
distribute  their  religious  materials. 

d.   Freedom  of  Movement  Within  the  Country,  Foreign 
Travel,  Emigration,  and  Repatriation 

Freedom  of  movement  within  the  country  is  not  restricted  by 
law.   In  practice,  however,  police  frequently  stop  travelers  to 
check  identification  documents.   During  1986  this  practice 
lessened  and  a  number  of  "controls"  on  heavily  traveled  roads 
were  discontinued.   Exit  visas  are  required  to  leave  the 
country  and  sometimes  are  obtainable  only  after  long 
bureaucratic  delays.   In  some  cases,  these  delays  may  represent 
attempts  by  the  Government  to  discourage  or  even  prevent 
departure.   The  Government  has  also  been  known  to  refuse 
issuance  of  a  passport,  or  to  confiscate  an  already  issued 
passport,  in  order  to  prevent  someone  from  traveling  abroad. 
Cameroonians  who  leave  the  country  must  deposit  sums  sufficient 
to  buy  a  return  air  ticket  for  repatriation  should  they  become 
stranded  abroad.   There  are  no  restrictions  on  voluntary 
repatriation.   Women  must  obtain  the  permission  of  their 
husbands  or  fathers  to  leave  the  country. 

Over  the  years,  Cameroon  has  served  as  a  safehaven  for 
thousands  of  externally  displaced  persons  and  refugees.   The 
Government  currently  acknowledges  the  presence  of  approximately 
45,000  Chadians  in  Cameroon,  some  9,000  of  whom  are  registered 
as  political  refugees  through  the  United  Nations  High 
Commissioner  for  Refugees  (UNHCR)  and  are  living  at  the  UNHCR 
camp  at  Poll.   The  rest  of  the  Chadians  have  integrated  into 
the  Cameroonian  economy  and  do  not  receive  government  or 
international  assistance.   Cameroon  is  also  host  to  refugees 
from  South  Africa,  Zaire,  Angola,  and  other  African  nations, 
and  there  are  roughly  100  Namibians  in  Cameroon  as  students. 

Section  3   Respect  for  Political  Rights:   The  Right  of  Citizens 
to  Change  Their  Government 

Cameroon  continues  to  be  a  one-party  state  with  political  power 
and  administrative  responsibility  concentrated  in  the 
presidency.   Following  the  resignation  of  former  President 
Ahidjo  on  November  4,  1982,  his  constitutional  successor.  Prime 
Minister  Paul  Biya,  took  office  as  President.   In  September 
1983,  Biya  was  elected  President  of  the  party,  following 
Ahidjo' s  resignation.   President  Biya  subsequently  withstood  a 
coup  attempt  from  forces  allegedly  close  to  Ahidjo.   While  the 
Constitution  implies  the  legality  of  other  political  parties, 
in  fact,  only  one  party,  the  CPDM,  is  permitted.   On  June  26, 
1986,  the  Cameroon  Supreme  Court  ruled  against  the  latest 
attempt  by  Dr.  Joseph  Sende  to  gain  legal  recognition  for  the 


45 


CAMEROON 

UPC.   This  was  the  second  time  under  the  Biya  Government  that 
the  Supreme  Court  heard  but  rejected  Sende ' s  case.   Once  again, 
the  refusal  was  on  technical  grounds.   Although  the  election 
law  theoretically  permits  multiple  candidates  for  the 
presidency.  President  Biya  ran  unopposed  in  the  January  1984 
elections  and  received  99.98  percent  of  the  votes.   The 
President  appoints  all  governors,  prefects,  and  cabinet 
ministers . 

Cameroon's  political  system  is  a  product  of  the  country's 
ethnic  and  linguistic  diversity,  which  includes  some  230 
languages  and  three  separate  European  heritages  (French, 
British  and  German).   Both  French  and  English  are  official 
languages,  although  some  Anglophones  allege  political 
discrimination  by  the  majority  Francophones.   A  careful 
balancing  act,  within  the  one  party,  is  required  to  maintain 
political  cohesion.   Membership  in  the  CPDM  is  open  to  all 
religious  and  ethnic  groups.   While  the  Party  remains 
essentially  a  centrally  controlled  organization,  open  elections 
with  multiple  candidates  for  local  and  more  senior  offices  were 
held  for  the  first  time  in  1986.   The  CPDM  Congress  in  March 
1985  formally  adopted  a  program  of  democratization  within  the 
party,  and  this  first  experiment  with  elections  met  with 
widespread  popular  approval.   The  National  Assembly  will  hold 
elections  in  1988,  and  President  Biya  has  promised  that  they 
too  will  be  open  for  the  first  time. 

Externally  based  dissident  groups,  including  the  Union  des 
Populations  du  Cameroun  (Francophone)  and  the  Cameroon 
Democratic  Party  (Anglophone),  periodically  send  letters  or 
pamphlets  into  the  country.   The  Government  attempts  to  seize 
these  documents  when  they  arrive. 

Section  4   Governmental  Attitude  Regarding  International  and 

Nongovernmental  Investigation  of  Alleged  Violations 
of  Human  Rights 

The  Cameroon  Constitution  affirms  support  for  the  freedoms 
guaranteed  in  the  Universal  Declaration  of  Human  Rights  and  the 
United  Nations  Charter.   Under  President  Biya,  the  Government 
has  given  increased  attention  to  human  rights  issues,  both 
internally  as  a  part  of  President  Biya's  program  of 
"democratization"  and  in  public  statements  in  forums  such  as 
the  United  Nations. 

Section  5   Discrimination  Based  on  Race,  Sex,  Religion, 
Language,  or  Social  Status 

Access  to  the  Government's  social  programs  is  open  to  all 
Cameroonian  citizens  on  a  nondiscriminatory  basis.   Female 
students  are  noticeably  underrepresented  in  rural  secondary 
schools  and  school  attendance  rates  are  one  third  the  national 
average  in  the  Muslim  north,  where  only  22  percent  of  the 
children  attend  school.   Girls  are  underprivileged,  both  in 
access  to  higher  education  and  in  terms  of  professional 
opportunities.   Girls  from  the  southern  part  of  the  country, 
although  disadvantaged  at  the  level  of  secondary  entrance  when 
compared  with  boys  from  the  same  areas,  have  a  considerable 
educational  lead  over  both  girls  and  boys  from  the  eastern  and 
northern  provinces. 

Women  enjoy  equal  rights  under  the  Constitution  and  are 
politically  active  in  the  party  and  the  sole  labor  union.   The 
women's  wing  of  the  party  has  developed  programs  aimed  at 
encouraging  the  economic  and  social  productivity  of  Cameroonian 


46 


CAMEROON 

women.   Women  are  represented  in  the  modern  sector,  although 
not  proportionately  in  the  upper  levels  of  administration  and 
in  the  professions.   There  are  currently  five  women  in 
President  Biya's  Cabinet,  but  no  women  governors  or  prefects. 
As  a  result  of  the  1983  legislative  elections,  the  percentage 
of  women  in  the  National  Assembly  increased  from  10  to  14 
percent . 

CONDITIONS  OF  LABOR 

The  Cameroonian  national  labor  code  sets  the  minimum  working 
age  at  14,  the  minimum  annual  paid  vacation  at  18  days,  and  the 
legal  workweek  at  40  hours  for  nonagricultural  employees  and  up 
to  48  hours  per  week  for  agricultural  workers.   Minimum  monthly 
wages  are  set  by  the  Government  for  all  types  of  jobs  in  both 
the  public  and  private  sectors.   Wage  rates  are  based  on 
geographic  zones,  types  of  industry,  and  qualifications  of 
workers  and  length  of  service.   The  lowest  pay  levels  are  not 
sufficient  to  support  a  family  but,  in  most  cases,  such  wages 
are  supplemented  by  a  second  job  or  another  family  member's 
earnings.   Workers  with  middle-range  wages  are  also  likely  to 
need  second  incomes  to  support  a  family,  especially  in  Yaounde 
and  Douala.   Because  of  Cameroon's  healthy  economy, 
opportunities  do  exist  for  workers  to  supplement  their  wage 
levels  with  second  jobs.   Occupational  health  and  safety  is 
mandated  by  law,  based  on  ILO  standards.   In  theory,  these 
standards  are  enforced  by  Ministry  of  Labor  inspectors,  but 
they  lack  the  means  for  effective  enforcement. 


47 


U.S.OVERSEftS 


•LOANS  AND  GRANTS"  OBLIGATIONS  AND  LOAN  AUTHORIZATIONS 
(U.S. FISCAL  YEARS  -  MILLIONS  OF  DOLLARS) 


COJNTRY:  CAMEROON 


1934 


1985 


1936 


I.5C0N.  ASSIST. -TOTAL 

LOANS 

GRANTS 

A. AID  

LOANS 

GRANTS 

(SEC. SUPP. ASSIST.)  ... 

B.FOOD  FOR  PEACE 

LOANS 

GRANTS 

TITLE  I-TOTAL 

REPAT.  I>J  S-LOANS 

PAY.  IN  FOR.  CURR 

TITLE  II-TCTAL 

H. RELIEF. EC.OEV  5  WFP. 

VOL. RELIEF  flSENCY..... 

C. OTHER  e:0N.  ASSIST... 

LOANS 

GRANTS 

PEACE  CORPS 

NARCOTICS 

OTHER 

II.MIL.  ASSIST.-TOTAL... 

LOANS 

GRANTS 

a. MAP  GRANTS 

3. CREDIT  FINANCING.... 
C.INTL  MIL. ED.TRNG. .. . 
D.TRAN- EXCESS  STOCK... 
E. OTHER  GRANTS 


III. TOTAL  ECON.  5  MIL. 

LOANS 

GRANTS , 


25.3 

3D. 2 

28.1 

11.3 

6.6 

8.5 

U.O 

23.6 

19.6 

22.5 

23.3 

24.7 

11.3 

6.6 

8.5 

11  .2 

17.2 

16.2 

0.0 

0.0 

0.0 

0.4 

3.8 

0.0 

0.0 

0.0 

0.0 

0.4 

3.3 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

O.D 

0.0 

0.0 

0.4 

3.8 

0.0 

0.4 

3.8 

0.0 

0.3 

0.0 

0.0 

2.4 

2.6 

3.4 

0.0 

0.0 

0.0 

2.4 

2.6 

3.4 

2.'» 

2.6 

3.4 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

5.1 

5.1 

0.2 

5.0 

5.0 

0.0 

0.1 

0.1 

0.2 

0.0 

0.0 

0.0 

5.0 

5.0 

0.0 

0.1 

0.1 

0.2 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

30.4 

35.3 

28.3 

16.3 

11.6 

3.5 

14.1 

23.7 

19.8 

OTHER  US  LOANS.  ..  , 
EX-IM  3AN<  LOANS, 
ALL  OTHER , 


0.0 

0.0 
0.0 


0.0 
3.0 
0.0 


0.0 

0.0 
0.0 


ASSISTANCE    FROM    INTERNATIONAL    AGENCIES 
1984  1935  1936 


1946-86 


TOTAL 

51.5 

206.3 

57.4 

1420.8 

I8?D 

21.5 

158.5     - 

30.1 

748.4 

IFC 

0.0 

2.2 

5.3 

23.2 

lOA 

0.0 

0.0 

0.0 

229.2 

103 

0.0 

0.0 

0.0 

0.0 

ADS 

0.0 

0.0 

0.0 

0.0 

AFD8 

0.8 

13.0 

0.0 

47.7 

UNDP 

4.2 

1  .6 

0.0 

53.1 

OHER-UN 

0.0 

2.7 

0.0 

10.1 

EEC 

25.0 

28.0 

22.0 

309.1 

48 


CAPE  VERDE 


Led  by  President  Aristides  Pereira,  Cape  Verde  is  ruled  by  the 
African  Party  for  the  Independence  of  Cape  Verde  (PAICV),  the 
country's  sole  political  party.   Most  government  Ministers  are 
senior  members  of  the  party  and  participated  in  the 
revolutionary  movement  to  free  Cape  Verde  from  Portuguese 
rule.   Active  party  members  currently  number  6,000,  or  4 
percent  of  the  voting  population.   The  Constitution  adopted  in 
1980  declares  the  supremacy  of  the  party.   Members  of  the 
Popular  National  Assembly  are  elected  from  a  slate  of 
candidates  which  is  proposed  to  the  electorate  by  the  party. 

Security  responsibilities,  which  had  been  divided  among  the 
military,  the  security,  and  the  police  forces,  were  given  to  a 
single  government  department  in  February  1986.   The 
reorganized  Ministry  of  Defense  and  Security  operates  under 
legal  guidelines  and  leadership  approved  by  the  party. 

The  Cape  Verde  archipelago  (10  islands)  is  located  some  380 
miles  off  the  African  mainland.   The  country's  economic 
development  has  been  steady  despite  an  18-year  drought  which 
has  severely  affected  employment  possibilities  for  the  largely 
rural  population.   This  progress  can  be  largely  attributed  to 
generous  foreign  donor  assistance,  remittances  from  Cape 
Verdean  emigrants,  and  efficient  management  by  the 
Government.   The  Government  is  the  largest  nonagr icultural 
employer.   It  also  controls  banking,  the  import  of  basic 
commodities,  airlines,  the  press,  and  schools.   Private 
property  rights  are  respected.   There  is  a  substantial  and 
growing  private  sector  which  includes  various  types  of  shops, 
hotels,  farms,  fishing,  small  industries  such  as  tuna  canning, 
and  the  professions. 

Human  rights  were  generally  respected  in  Cape  Verde  during 
1986.   There  were  no  reports  of  political  killings, 
disappearance,  torture,  or  arbitrary  arrest.   Within  the 
one-party  system  elections  at  the  end  of  1985  provided  an 
opportunity  for  some  expanded  participation  in  the  political 
process  by  all  persons  over  18  years  of  age.   There  is  little 
sign  of  hostile  opposition  to  the  Government,  and  the 
longstanding  Cape  Verdean  tradition  of  emigration  provides  an 
escape  valve  for  discontent. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1   Respect  for  the  Integrity  of  the  Person,  Including 
Freedom  from: 

a.  Political  Killing 

There  were  no  reported  instances  of  politically  motivated 
deaths . 

b.  Disappearance 

There  were  no  reported  instances  of  officially  inspired 
disappearances . 

c.  Torture  and  Cruel,  Inhuman,  or  Degrading  Treatment  or 
Punishment 

There  were  no  reports  alleging  torture  or  cruel,  inhuman  or 
degrading  treatment  and  unusual  punishment  of  prisoners  and 
detainees.   However,  conditions  in  prisons  are  poor  and 
detention  facilities  are  antiquated. 


49 


CAPE  VERDE 

d.  Arbitrary  Arrest,  Detention,  or  Exile 

Cape  Verdean  law  requires  that  those  arrested,  unless  caught 
in  the  act,  be  charged  before  a  judge  within  48  hours,  and 
this  law  appears  to  be  observed  in  practice.   In  exceptional 
cases,  and  then  only  with  the  concurrence  of  a  procurator  or 
judge,  the  formal  charge  process  may  be  delayed  up  to  5  days. 
Cape  Verdean  law  rec[uires  counsel  to  be  present  for  the 
accused,  who  then  may  be  held  in  custody,  released  on  bail,  or 
released  unconditionally.   In  cases  of  alleged  crimes  against 
state  security,  persons  may  be  detained  upon  a  judge's  ruling 
for  up  to  5  months  without  trial.   There  is  a  functioning 
system  of  bail,  and  the  right  of  access  to  a  lawyer  seems  to 
be  observed  in  practice. 

There  were  no  instances  of  forced  exile  for  political  or  other 
reasons.   Forced  labor  is  not  practiced. 

e.  Denial  of  Fair  Public  Trial 

There  were  no  known  political  prisoners  held  in  Cape  Verde 
during  1986. 

In  the  regular  court  system,  trials  are  conducted  without  jury 
by  one  judge;  a  public  prosecutor  presents  the  case  against  an 
accused,  who  is  defended  by  counsel.   Appeal  is  possible  to 
Sub-Regional  and  Regional  Tribunals  and,  ultimately,  to  the 
Supreme  Tribunal.   Trials  appear  to  be  handled  expeditiously. 
The  Autonomous  Institute  for  Judiciary  Support,  to  which  all 
private  lawyers  belong,  exists  to  provide  counsel  in  cases  of 
need. 

There  is  also  a  system  of  popular  tribunals  to  ajudicate  minor 
disputes  on  a  neighborhood  or  local  level  in  rural  areas. 
The"judges"  are  usually  prominent  local  citizens  without  legal 
training,  who  are  appointees  of  the  Ministry  of  Justice. 
Their  decisions  can  be  appealed  within  the  regular  court 
system. 

The  judiciary  does  not  have  the  authority  to  determine  the 
constitutionality  of  legislation.   Although,  according  to  the 
Constitution,  judges  are  independent,  one  former  judge  now 
living  outside  the  country  has  claimed  that  one-party  rule  in 
practice  has  hampered  the  functioning  of  a  truly  independent 
judiciary.   Most  evidence  suggests,  however,  that  the  courts 
protect  individual  rights  in  criminal  cases. 

f.  Arbitrary  Interference  with  Privacy,  Family,  Home,  or 
Correspondence 

The  Constitution  recognizes  citizens'  rights  to  the 
inviolability  of  domicile,  correspondence,  and  other  private 
means  of  communication.   The  law  requires  warrants  issued  by  a 
judge  before  searches  of  homes  may  be  conducted.   There  were 
no  known  cases  of  arbitrary  interference  with  privacy,  family, 
home,  or  correspondence.   The  Constitution  also  contains  a 
provision  stating  that  every  citizen  has  the  right  and  the 
duty  to  participate  in  the  political,  economic,  and  cultural 
life  of  the  country.   This  provision  theoretically  could  be 
used  to  force  participation  in  activities  against  the 
individual's  will.   In  practice,  there  is  no  evidence  to 
suggest  that  this  provision  has  been  so  used. 


50 


CAPE  VERDE 
Section  2  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press 

The  Constitution  proclaims  freedom  of  speech  and   intellectual 
creativity,  including  the  rights  of  authorship,  but  it  also 
stipulates  that  none  of  these  rights  and  freedoms  may  be 
exercised  "contrary  to  national  unity."   Thus,  a  law  adopted 
in  1985  assures  citizens  the  right  to  express  their  thoughts 
in  the  press,  but  at  the  same  time  the  party  underlined  that 
this  right  should  be  exercised  responsibly.   Given  the 
circumstances,  people  are  generally  cautious  in  exercising 
their  right  of  free  speech. 

The  weekly  newspaper  and  the  radio  are  government  owned,  and 
follow  government  policies.   Occasional  articles  critical  of 
some  aspects  of  government  policy  are  printed  or  broadcast, 
but  this  is  probably  done  with  prior  authorization  from  the 
Government.   Local  radio  broadcasts  carry  items  from  Western 
agencies  as  well  as  from  Communist  countries.   International 
periodicals  generally  circulate  freely  in  Cape  Verde  even  when 
they  contain  articles  critical  of  or  unflattering  to  the 
Government,  as  is  sometimes  the  case  with  Portuguese 
newspapers.   International  radio  broadcasts  are  received 
clearly,  without  interference.   Censorship  of  movies  is 
practiced,  although  it  is  not  kno'vn  if  the  criteria  are 
political  or  moral.   The  Catholic  Church's  newspaper,  which 
occasionally  carries  moderate  criticism  of  some  aspects  of 
life  in  Cape  Verde,  seems  to  be  tolerated  without  interference. 

b.  Freedom  of  Peaceful  Assembly  and  Association 

The  freedom  to  meet,  to  associate  freely,  and  to  demonstrate 
is  guaranteed  in  the  Constitution.   As  a  practical  matter, 
however,  no  organizations  opposed  to  government  actions  or 
policies  are  permitted.   Private  associations  other,  than 
sports  clubs  or  religious  youth  groups  do  not  exist.  The 
establishment  of  such  associations  would  be  subject  to 
government  authorization.   Party-sponsored  "mass 
organizations"  of  women  and  youth  are  prominent. 

Workers  in  several  sectors  are  organized  into  unions  which  are 
members  of  the  National  Union  Confederation  (NUC) .   The 
Confederation  is  affiliated  with  the  PAICV  and  headed  by  a 
high-ranking  member  of  the  party.   Perhaps  one-third  of  the 
active  work  force  are  nominal  union  members.   Although  the  NUC 
claims  to  be  independent  of  the  party,  the  two  are  closely 
linked.   Individual  unions  bargain  for  their  members,  perform 
other  traditional  trade  union  functions,  and  also  act  as  party 
affiliates.   The  right  to  strike  is  guaranteed  but  is  rarely 
exercised,  even  though  union  leadership  has  taken  positions  on 
specific  issues  opposed  to  government  policies  in  state 
enterprises.   The  NUC  participates  in  the  International  Labor 
Organization  and  is  affiliated  with  the  Organization  of 
African  Trade  Union  Unity,  but  has  not  taken  positions 
independent  of  those  officially  sanctioned  by  the  Government. 
It  maintains  contact  and  receives  assistance  from  both 
Communist  and  non-Communist  national  unions  abroad. 

c.  Freedom  of  Religion 

The  Constitution  requires  separation  of  church  and  state. 
Freedom  of  worship  is  respected  by  the  Government,  and  members 


51 


CAPE  VERDE 

of  all  faiths  practice  their  religion  without  harassment.   At 
least  two-thirds  of  the  population,  probably  including  most  of 
the  government  leadership,  are  nominally  Catholic,  but  the 
dominance  of  Catholicism  does  not  appear  to  affect  adversely 
other  faiths.   Evangelical  Protestants  and  Seventh  Day 
Adventists  are  the  two  other  principal  religious  communities. 
At  least  two  faiths,  the  Baha ' i  and  Christian  Rationalism, 
which  were  formally  banned  or  suppressed  under  the  Portuguese, 
have  been  permitted  to  reestablish  themselves  since 
independence.   There  are  no  restrictions  on  religious 
practices,  teaching,  or  contacts  with  coreligionists  outside 
Cape  Verde.   A  few  foreign  missionaries  are  active  in  Cape 
Verde. 

d.   Freedom  of  Movement  Within  the  Country,  Foreign 
Travel,  Emigration,  and  Repatriation 

There  are  no  extraordinary  legal  or  administrative 
restrictions  on  either  travel  or  residence  within  the 
country.   All  resident  Cape  Verdeans  wishing  to  leave  the 
country,  either  temporarily  or  permanently,  must  obtain  exit 
permission  from  the  Government.   Such  permission  has  not  been 
denied  for  political  reasons.   Emigration  has  long  been  an 
important  and  a  recognized  escape  valve  from  prevailing  harsh 
economic  conditions.   The  Government  goes  to  considerable 
effort  to  maintain  close  contact  with  emigre  communities  and 
provides  every  opportunity  for  Cape  Verdeans  living  abroad  to 
maintain  their  ties  with  the  homeland,  including  making 
provision  for  them  to  vote  in  elections  and  to  own  propery  in 
Cape  Verde.   Repatriation  is  a  constitutional  right  of  the 
citizen,  and  the  Government  does  not  discourage  intending 
repatriates . 

The  law  allows  for  revocation  of  citizenship  on  several 
grounds,  including  activities  contrary  to  the  interest  of  the 
country.   However,  there  are  no  known  cases  of  the  Government 
instituting  proceedings  to  deprive  persons  of  citizenship  for 
political  reasons. 

Section  3   Respect  for  Political  Rights:   The  Right  of  Citizens 
to  Change  Their  Government 

The  PAICV's  monopoly  of  power  in  Cape  Verde  is  inscribed  in 
the  Constitution.   Opposition  parties  are  illegal  and,  in 
fact,  do  not  exist.   The  small  group  of  men  who  actually  led 
the  struggle  for  independence  occupy  positions  of  leadership 
in  both  the  party  and  the  Government.   The  Secretary  General 
of  the  party  is  President  of  the  Republic;  the  Deputy 
Secretary  General  is  Prime  Minister;  and  the  third-ranking 
party  official  is  President  of  the  National  Assembly.   Five 
others  of  the  party's  nine-member  Political  Commission  are 
also  Ministers;  the  ninth  member  manages  the  day-to-day 
activities  of  the  party. 

In  1983  there  were  5,860  party  members,  about  4  percent  of  the 
total  population,  which  represented  a  doubling  of  party 
membership  since  independence  in  1975.   Within  this  elitist 
party,  there  exists  a  modest  scope  for  meaningful  political 
activity.   The  delegates  to  the  Second  Party  Congress  in  1983, 
and  the  leadership  itself,  were  elected  by  secret  ballot  with 
some  unexpected  changes  in  the  order  of  precedence  of  the 
various  Ministers.   The  party  leadership  has  also  made  an 
obvious  effort  to  give  women  and  individuals  possessing  less 
solid  revolutionary  credentials  more  prominent  roles. 


52 


CAPE  VERDE 

However,  women,  who  constitute  14  percent  of  the  total  party 
membership,  are  under represented.   The  party  membership  is 
also  young  (47  percent  under  30  years  of  age), 

disproportionately  urban  (50  percent  in  a  nation  which  is  more 
than  two-thirds  rural),  and  heavily  representative  of  the 
bureaucracy  (25  percent  of  party  members  are  civil  servants  or 
employees  of  state  enterprises). 

Formally,  the  National  Assembly  is  the  supreme  organ  of  the 
Government.   The  Assembly  sessions  serve  to  ratify  earlier 
party/governnient  decisions,  but  issues  are  debated  openly, 
with  critical  interventions  reported  in  the  media.   Deputies 
who  believe  that  the  interests  of  their  constituencies  are 
being  harmed  by  governinent  policies  or  decisions  feel  free  to 
criticize  them,  and  in  fact  do  so.   In  the  AsseiT±)ly  elections 
of  December  1985,  the  party  approved  all  candidates,  but  the 
list  of  candidates  for  each  constituency  contained  from  1-1/2 
to  4  times  as  many  nominees  as  the  number  of  deputies  to  be 
elected  from  that  constituency.   There  were  three  stages  of 
local  consultations,  and  the  final  candidates  were  selected  by 
secret  ballot.   Several  prominent  nonparty  candidates  were 
elected  to  the  Assembly  as  a  result. 

Section  4   Governmental  Attitude  Regarding  International  and 

Nongovernmental  Investigation  of  Alleged  Violations 
of  Human  Rights 

In  the  past,  the  Government  has  permitted  visits  by  private 
organizations  to  check  on  conditions  of  persons  convicted  for 
political  or  related  offenses.   There  are  no  known  instances 
in  which  the  Government  has  been  the  subject  of  resolutions, 
investigations,  or  other  human  rights  actions  by  international 
human  rights  organizations.   A  few  Cape  Verdean  emigrants 
living  abroad  have  alleged  h'jman  rights  violations.   These 
charges  may  have  affected  internal  policies,  given  the 
Government's  major  effort  to  maintain  close  relations  with  the 
large  communities  of  Cape  Verdean  emigrants  around  the  world. 
There  are  no  known  official  or  nongovernmental  human  rights 
organizations  in  the  country,  although  the  Lawyers' 
Association  for  the  Provision  of  Judicial  Support  performs 
some  of  the  functions  of  such  an  organization. 

Section  5   Discrimination  Based  on  Race,  Sex,  Religion, 
Language,  or  Social  Status 

Racial  discrimination  is  not  a  problem  in  Cape  Verde,  where 
the  vast  majority  of  the  total  population  of  300,000  shares 
various  proportions  of  Portuguese-African  ancestry.   Sex 
discrimination  exists,  although  it  is  banned  by  the 
Constitution.   Many  of  the  traditional,  male-oriented  values 
of  the  Portuguese  and  African  ancestors  of  today's  Cape 
Verdeans  are  still  part  of  the  country's  culture.   Women  have 
been  customarily  excluded  from  certain  types  of  work  and  are 
often  paid  less  than  men  for  com.parable  work.   However,  the 
Government  has  included  women  in  the  labor-intensive  economic 
development  projects  financed  by  foreign  grants.   Both  the 
Government  and  the  party  are  m.aking  efforts  to  bring  women 
into  various  economic  and  social  activities  from  which  they 
traditionally  have  been  excluded.   The  Organization  of  Cape 
Verdean  Women  was  founded  in  1980,  with  party  encouragement, 
to  sensitize  the  Government  and  Cape  Verdeans  in  general  to 
issues  affecting  women. 


53 


CAPE  VERDE 

CONDITIONS  OF  LABOR 

The  Code  of  the  Family,  enacted  in  October,  1981,  prescribes 
the  full  legal  equality  of  men  and  women,  including  equal  pay 
for  equal  work.   Minimum  wages  are  established  by  government 
decree.   As  of  January  1,  1986,  the  minimum  age  for  civil 
servants  (the  basis  for  minimum  wages  for  all  other  forms  of 
nonrural  employment)  is  approximately  $72  per  month.   In  rural 
areas,  the  daily  minimum  for  the  least  skilled  types  of  labor 
is  about  83  cents.   The  minimum  age  for  employment  is  14,  and 
children  under  16  are  prohibited  from  working  at  night,  more 
than  7  hours  per  day,  or  in  establishments  where  toxic 
products  are  used.   There  does  not  appear  to  be  an  overall 
safety  and  health  code  for  the  workplace,  although  there  are 
particular  regulations  such  as  those  prohibiting  the 
employment  of  children  where  toxic  products  are  used.   The 
normal  work  week  for  adults  is  44  hours  over  5  1/2  days.   A 
worker  is  entitled  to  at  least  one  full  day  (24  hours)  of 
leisure  per  week.   These  regulations  seem  to  be  respected  in 
practice. 


54 


U.S. OVERSEAS  -LOANS  AND  GRANTS-  OBLIGATIONS  AND  LOAN  AUTHORIZATIONS 
(U.S. FISCAL  YEARS  -  MILLIONS  OF  DOLLARS) 


COUNTRY:  CAPE  VERDE 


1984 


1935 


1986 


I.ECON.  ASSIST.-TOTAL.. . 

LOANS 

GRANTS 

A. AID  

LOANS 

GRANTS 

(SEC. SUPP. ASSIST.)  ..  . 

3. FOOD  FOR  PEACE 

LOANS 

GRANTS 

TITLE  I-T3TAL 

REPAY.  I^  $-LOANS 

PAY.  IN  FOR.  CURR 

TITLE     II-TOTAL 

z  .RELIEF. EC. OEV    i    WF?. 

VOL. RELIEF     AGEflCY 

C.OTHER    5C0N.     ASSIST... 

LOANS 

GRANTS 

PEACE    CORPS 

NARCOTICS 

OTHER 

II.1IL.     ASSIST.-TOTAL... 

LOAFIS 

GRANTS 

A.  MAP    GRANTS 

3. CREDIT  FINANCING.... 
C.IHTL  MIL.E0.TRN5.... 
D.TRAN-EXCESS  STOCK... 
E. OTHER     GRANTS 

III. TOTAL     ECON.     S    MIL... 

LOANS 

GRANTS 


6.5 

4.9 

2.9 

0.0 

0.0 

0.0 

6.5 

4.9 

2.9 

2.0 

3.4 

2.9 

0.0 

0.0 

0.0 

2.0 

3.4 

2.9 

0.0 

3.0 

0.0 

4.5 

1  .5 

0.0 

0.0 

0.0 

0.0 

4.5 

1.5 

0.0 

0.3 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

4.5 

1.5 

0.0 

4.5 

1  .5 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.1 

0.0 

O.D 

0.0 

0.0 

0.0 

0.1 

0.0 

0.0 

0.0 

3.0 

0.0 

0.0 

0.0 

0.0 

0.1 

3.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

6.5 

5.0 

2.9 

0.3 

0.0 

0.0 

6.5 

5.0 

2.9 

OTHER 

US  LO 
M  SANK 
OTHER. 

ANS.  . 

0. 
0. 

0, 

.0 
.0 
.0 

0, 

0, 
0, 

.0 

.0 
.0 

0. 
0. 
0, 

.0 

EX-I 
ALL 

LOANS 

,0 
.0 

ASSI5 

TANCE 

FROM 

INTERNATIONAL 
1934      1935 

AG 

ENCIES 
1936 

1946- 

-86 

TOTAL 

1  .9 

2?. 5 

0.0 

69.0 

I3;^D 

3.0 

0.0 

*■    0.0 

3.0 

IPC 

0.0 

0.0 

0.0 

0.0 

IDA 

0.0 

■+.0 

0.0 

11.2 

103 

3.0 

0.0 

0.0 

■   3.0 

AU3 

3.0 

0.3 

0.0 

3.0 

AP03 

1.1 

24.3 

0.0 

47.7 

UN3P 

o.s 

0.5  ■ 

0.0 

9.1 

OTHER-UN 

0.0 

,  0.0 

0.0 

1.0 

EEC 

3.0 

0.0 

0.0 

0.0 

55 


CENTRAL  AFRICAN  REPUBLIC 


General  Andre  Dieudonne  Kolingba  has  headed  the  Government 
since  his  accession  to  power  in  a  bloodless  coup  on  September 
1,  1981.   He  holds  all  political  power  and  is  the  final 
arbiter  on  all  government  matters.   He  also  headed  the 
Military  Committee  for  National  Recovery  until  September  21, 

1985,  when  that  Committee  was  dissolved  to  make  way  for  the 
current  civilian  Government.   On  May  7,  1986,  the  President 
announced  his  plans  for  the  creation  of  a  single  national 
political  party,  the  Central  African  Democratic  Assembly.   On 
October  31,  Kolingba  introduced  a  new  Constitution  which  was 
subsequently  approved  in  a  national  referendum  on  November  21, 

1986.  He  was  also  elected  President  in  that  vote.   The  new 
Constitution  provides  for  a  parliament  which  includes  a 
National  Assembly  and  an  Economic  and  Regional  Council, 
representing  the  principal  economic  and  regional  sectors  of 
the  country. 

The  Minister  of  Interior  is  in  charge  of  the  civilian  police 
force.   These  police  normally  man  barriers  on  the  major  roads 
and  keep  records  of  the  movement  of  vehicles.   The  Presidency 
has  its  own  security  force.   The  Ministry  of  Defense  also  has 
a  military  police  force,  in  addition  to  the  armed  forces. 

The  Central  African  Republic  is  a  poor,  landlocked,  sparsely 
populated  country.   Most  of  its  inhabitants  derive  their 
livelihood  from  subsistence  agriculture.   Only  about  1  percent 
of  the  population  is  university  educated.   The  essentially 
free  enterprise,  agrarian  economy,  one  of  the  world's  least 
monetized,  has  suffered  from  inadequately  coordinated  and 
implemented  government  policies,  occasional  drought,  and  a 
poorly  trained  work  force.   Expatriates  dominate  the  small 
manufacturing  and  commercial  sectors  of  the  economy. 

There  was  continued  improvement  in  the  human  rights  situation 
in  1986.   Kolingba 's  Government  again  faced  sporadic 
challenges  from  dissidents  in  the  north  along  the  Chadian 
border,  but  at  a  greatly  reduced  level.   Following  the  release 
in  December  1985  of  89  political  prisoners,  Kolingba  granted 
additional  pardons  on  June  30  and  September  1,  1986  (the  fifth 
anniversary  of  Kolingba 's  accession  to  power).   Although  most 
of  those  pardoned  were  common  criminals,  the  pardons  of 
September  1  included  the  release  of  5  prisoners  convicted  by 
the  special  tribunal  (the  court  which  tries  political  cases) 
and  the  reduction  in  sentence  from  10  years  to  5  years  for  13 
others  convicted  by  the  special  tribunal.   The  sudden  return 
from  exile  and  arrest  of  former  emperor  Jean-Bedel  Bokassa  in 
October  posed  an  unexpected  challenge  to  the  Government  in 
that  a  new  trial  means  reliving  a  difficult  period  in  the 
country's  recent  history. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1  Respect  for  the  Integrity  of  the  Person,  Including 
Freedom  from: 

a.   Political  Killing 

There  were  no  reports  of  killing  or  summary  executions  for 
political  motives  by  government  forces.   While  there  may  have 
been  some  civilian  casualties  during  the  military  action 
against  guerrillas  in  April  1985,  none  was  reported  in  1986. 


66-986  0-87-3 


56 


CENTRAL  AFRICAN  REPUBLIC 

b.  Disappearance 

There  were  no  reports  of  disappearance  as  a  result  of 
government  action. 

c.  Torture  and  Cruel,  Inhuman,  or  Degrading  Treatment  or 
Punishment 

The  penal  code  prohibits  torture  and  provides  for  sanctions 
against  persons  guilty  of  physical  abuse.   Nevertheless,  there 
are  reports  of  beatings  in  prisons.   Conditions  in  the  prisons 
are  generally  harsh,  and  medical  attention  is  inadequate. 
However,  prominent  political  detainees  have  reportedly  been 
well  treated  and  given  special  privileges,  such  as  extra 
family  visits . 

d.  Arbitrary  Arrest,  Detention,  or  Exile 

The  Kolingba  Government  has  occasionally  engaged  in  arbitrary 
arrest  and  imprisonment.   Generally  such  arrests  occur  when  a 
suspect  has  allegedly  engaged  in  acts  which  present  a  threat 
to  the  regime.   It  is  likely  that  some  political  detainees  are 
currently  being  held,  but  it  is  difficult  to  say  precisely  how 
many  are  being  held  at  any  one  time.   There  was  no  confirmation 
of  Amnesty  International's  statement,  as  expressed  in  its  1986 
Report,  that  more  than  100  alleged  opponents  of  the  Government 
may  have  been  detained  without  trial  in  1985. 

Security  officials  generally  respect  local  law  which  allows 
family  members,  legal  counsel,  doctors,  and  clergy  access  to 
prisoners.   It  is  not  uncommon  for  those  held  outside  the  main 
prison  to  be  allowed  to  return  home  during  the  day  or  to  sleep 
at  night.   Under  local  law,  political  detainees  can  be  held 
without  charge  for  as  long  as  2  months,  but  at  that  point 
detainees  must  either  be  formally  charged  or  released.   If 
they  are  charged,  local  judicial  procedures  (which  are  modeled 
on  French  procedures)  allow  for  open-ended  preventive 
detention  while  the  public  prosecutor  prepares  the  State's 
case  against  the  accused.   Some  political  detainees  are  held 
much  longer  than  2  months,  however,  without  formal  charges 
being  brought  against  them.   In  the  case  of  common  criminals, 
the  law  requires  that  they  be  brought  within  96  hours  before  a 
magistrate  who  decides  whether  formal  charges  will  be  filed. 

Approximately  six  well-known  political  opponents  live  in 
exile.   Several  of  them  have  been  sentenced  to  death  in 
absentia  for  crimes  against  the  State.   However,  during  the 
December  1,  1985,  National  Day  celebration  President  Kolingba 
indicated  a  possible  willingness  to  move  toward  reconciliation 
with  opposition  elements.   On  October  23,  1986,  former  Emperor 
Jean-Bedel  Bokassa  unexpectedly  returned  to  the  Central  African 
Republic  from  his  exile  in  France.   Bokassa,  who  was  sentenced 
to  death  in  absentia  in  1980  for  crimes  including  murder, 
cannibalism,  and  embezzlement,  was  immediately  detained  and  is 
being  retried  in  local  criminal  court. 

The  Government  has  been  cited  by  the  International  Labor 
Organization  (ILO)  for  being  in  violation  of  ILO  Conventions 
29  and  105  for  allegedly  imposing  compulsory  labor  on 
prisoners  jailed  for  unauthorized  political  activities. 

e.  Denial  of  Fair  Public  Trial 

In  most  cases  involving  common  criminals,  the  Government 
permits  French-modeled  legal  procedures  to  be  fairly  and 


57 


CENTRAL  AFRICAN  REPUBLIC 

openly  applied  and  the  laws  to  be  properly  executed.   The  new 
Constitution  continues  the  provisions  of  the  constitutional 
decree  of  September  21,  1985  which  states  that  the  judiciary 
"is  guaranteed  independence  (from)  the  legislative  and 
executive  (power)."   The  President  of  the  Republic  is  the 
guarantor  of  that  independence  in  his  role  as  "President  of 
the  Supreme  Magistrative  Council." 

A  special  tribunal  comprising  civilian  magistrates  and 
military  advisers  adjudicates  political  cases.   The  special 
tribunal  differs  from  ordinary  courts  in  that  there  is  no 
appeal  process  except  for  the  possibility  of  presidential 
clemency,  and  trials  must  be  specifically  authorized  by  the 
President.   Political  detainees  have  a  right  to  legal  counsel 
from  the  start  of  formal  procedures.   President  Kolingba  has 
authorized  the  meeting  of  the  special  tribunal  on  a  fairly 
frequent  basis.   Trials  are  open  to  the  public,  and  the 
proceedings  are  often  reported  in  the  local  media. 

The  number  of  political  prisoners  is  unknown.   The  case  of 
High  Commissioner  Francois  Gueret,  secretary  general  of  the 
banned  political  party.  Movement  for  Democracy  and 
Independence,  has  been  well  publicized  and  is  not  atypical. 
In  February  1985,  he  was  arrested  and  charged  with  destroying 
administrative  documents  and  inciting  public  disorder.   When 
the  state  prosecutor  found  insufficient  evidence  to  support 
those  charges,  Gueret  was  charged  with  refusing  to  wear  the 
military  uniform  required  of  High  Commissioners.   A  judicial 
inquiry  recommended  his  release  at  the  end  of  April. 
Nevertheless,  he  continued  to  be  detained  and  was  finally 
charged  with  trying  to  overthrow  the  Government.   A  public 
trial,  under  a  special  tribunal,  was  held,  and  he  was 
convicted  and  sentenced  to  10  years  in  prison.   His  sentence 
was  reduced  to  5  years  by  presidential  clemency  on  September 
1,  1986.   On  December  1,  1986,  Gueret  was  released  as  a  result 
of  Presidential  clemency.   Another  prominent  political 
prisoner.  Major  Gregoire  Miango,  first  arrested  in  October 
1983,  was  released  on  April  14,  1986.   However,  he  is  not 
allowed  to  travel  outside  his  home  town  where  he  currently 
resides  with  his  family. 

f.   Arbitrary  Interference  with  Privacy,  Family,  Home,  or 
Correspondence 

Except  for  political  and  security  matters,  the  Government  does 
not  generally  interfere  in  the  private  life  of  citizens. 
There  is  no  forced  membership  in  any  political  organization, 
and  there  is  no  interference  with  the  right  to  marry  or  have 
children  as  one  chooses.   Parents  are  free  to  teach  their 
children  religious  beliefs  and  practices,  with  the  exception 
of  the  Jehovah's  Witnesses  (Section  2.c.).   The  criminal  code 
prohibits  the  invasion  of  the  home  without  a  warrant,  and  this 
prohibition  is  not  generally  abused  in  civil  and  minor 
criminal  cases.   However,  if  a  political  crime  is  involved, 
ordinance  81/035,  which  instituted  the  special  tribunal, 
authorizes  searches  at  any  time  and  at  any  place.   These 
searches  have  been  conducted  without  specific  warrants. 

Section  2  Respect  for  Civil  Liberties,  Including: 

a.   Freedom  of  Speech  and  Press 

The  right  to  speak  publicly  about  political  developments  or  to 
criticize  the  Government  is  circumscribed  although  most  people 
feel  free  to  comment  privately  on  political  affairs.   The 


58 


CENTRAL  AFRICAN  REPUBLIC 

Government  prohibits  the  distribution  of  tracts  and  literature 
deemed  to  be  subversive.   Since  July  1,  1986  there  has  been 
only  one  regularly  published  newspaper,  which,  along  with 
others  that  appear  sporadically,  is  carefully  monitored  by  the 
Government.   Radio  and  television  are  also  controlled  by  the 
Government . 

b.  Freedom  of  Peaceful  Assembly  and  Association 

Only  assemblies  of  a  nonpolitical  nature  can  take  place 
without  government  approval.   Unlawful  assemblies  are 
disbanded  by  government  forces,  and  in  some  instances  some  of 
those  participating  in  the  assemblies  have  been  arrested. 

In  1981,  Kolingba  suspended  the  General  Union  of  Central 
African  Workers,  and  no  effective  labor  movement  has  existed 
in  the  country  since  that  time.   The  Government  tacitly 
approves  of  an  apolitical  labor  federation  that  exists  mostly 
on  paper  and  has  no  collective  bargaining  authority.   The  ILO 
has  a  case  pending  before  it  involving  the  Central  African 
Republic's  alleged  violations  of  the  right  to  freedom  of 
association  under  ILO  Convention  87.   The  Government  has  yet 
to  provide  the  substantive  information  requested  by  the  ILO 
Committee  reviewing  the  case.   The  right  to  strike  exists  in 
principle,  although  fear  of  government  reprisals  has  dampened 
the  enthusiasm  of  potential  strikers. 

In  response  to  a  month-long  student  strike  in  March-April 
1986,  the  Government  has  banned  boycotts  of  classes  and  all 
demonstrations  by  school  children  and  university  students, 
except  for  those  authorized  by  the  Ministry  of  the  Interior. 
Those  violating  this  prohibition  face  up  to  a  3-year  prison 
term. 

c.  Freedom  of  Religion 

The  Government  does  not  generally  interfere  with  religious 
activities.   Religious  organizations  and  missionary  groups  are 
provided  religious  freedom  by  Central  African  custom.   No 
single  religion  predominates,  nor  does  the  Government  appear 
to  discriminate  in  favor  of  or  against  specific  religions. 

In  1986  there  was  a  major  exception  to  the  Government's  policy 
of  noninterference  in  religious  activities.   The  Minister  of 
the  Interior  formally  prohibited  the  activities  of  the 
Jehovah's  Witnesses  on  February  1,  1986.   This  decree  was 
aimed  primarily  against  the  foreign  missionary  Jehovah's 
Witnesses  who  had  refused  to  participate  in 

government-sponsored  activities  or  to  encourage  allegiance  to 
the  Government.   As  a  result  of  this  government  action,  all 
foreign  missionary  Jehovah's  Witnesses  have  left  the  country, 
and  native-born  adherents  to  the  sect  are  prohibited  from 
openly  practicing  their  faith. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign 
Travel,  Emigration,  and  Repatriation 

People  are  generally  free  to  move  about  within  the  country, 
although  there  are  road  checkpoints.   The  right  of  voluntary 
travel  and  repatriation  is  recognized.   Financial  and 
educational  constraints  rather  than  government  controls  act  to 
restrict  most  foreign  travel  and  emigration.   No  case  of 
revocation  of  citizenship  was  reported  in  1986. 


59 


CENTRAL  AFRICAN  REPUBLIC 

The  country  remains  relatively  hospitable  to  foreigners;  the 
largest  foreign  population  living  either  temporarily  or 
permanently  in  the  country  is  from  Chad,  with  the  vast 
majority  relying  on  U.N.  relief  for  support.   At  the  beginning 
of  1986  there  were  some  20,000  Chadian  refugees  living  in  four 
refugee  camps  sponsored  by  the  United  Nations  High 
Commissioner  for  Refugees  and  another  approximately  20,000 
living  in  Bangui  and  along  the  northern  border  area.   Due  to 
the  increase  in  political  stability  in  Chad  during  1986,  many 
of  these  refugees  have  been  voluntarily  repatriated.   As  of 
late  1986,  the  total  Chadian  refugee  population  in  Central 
African  Republic  was  approximately  14,500. 

Section  3  Respect  for  Political  Rights:   The  Right  of  Citizens 
to  Change  Their  Government 

On  September  21,  1985,  President  Kolingba  dissolved  the 
National  Committee  for  Recovery  and  appointed  a  civilian 
Cabinet,  an  event  which  continued  the  process  begun  in  1984  of 
moving  from  a  military  government  towards  institutionalization 
of  a  civilian  government,  presently  composed  of  18  Ministers, 
4  Secretaries  of  State,  and  3  High  Commissioners.   In  the 
referendum  on  the  new  Constitution,  Central  Africans  endorsed 
Kolingba  as  President,  in  his  capacity  of  head  of  a  newly 
created  single  political  party,  the  Central  African  Democratic 
Assembly.   Currently,  President  Kolingba  retains  all  political 
power,  presiding  over  the  executive  branch  and  establishing 
legislation  through  the  Council  of  Ministers  and  by 
presidential  decree.   Although  in  practice  he  allows  his 
Cabinet  considerable  leeway  in  the  day-to-day  activities  of 
government  administration,  he  makes  all  important  policy 
decisions.   Since  September  1,  1981,  all  forms  of  public  and 
private  assembly  for  political  purposes  have  been  proscribed, 
and  Kolingba  has  stated  that  he  has  "no  intention  of  returning 
his  country  to  the  turbulent  multiparty  experience  of  the 
pre-1981  regime. " 

Section  4   Governmental  Attitude  Regarding  International  and 

Nongovernmental  Investigation  of  Alleged  Violations 
of  Human  Rights 

The  Government  does  not  welcome  and  is  sensitive  to 
international  or  nongovernmental  investigation  of  alleged 
human  rights  abuses  but  does  not  prohibit  such 
investigations.   Representatives  of  Amnesty  International  and 
the  International  Committee  of  the  Red  Cross  visit  Bangui 
periodically. 

Section  5  Discrimination  Based  on  Race,  Sex,  Religion, 
Language,  or  Social  Status 

There  are  more  than  80  ethnic  groups  in  the  Central  African 
Republic,  each  with  its  own  language.   About  70  percent  are 
Baya-Mandjia  and  Banda.   Preference  for  high  government 
positions  has  generally  been  given  to  members  of  President 
Kolingba 's  Yakoma  ethnic  group  (approximately  10  percent  of 
the  population).   However,  the  preeminence  of  this  group  has 
declined  in  the  past  year. 

The  Constitution  mandates  that  all  persons  are  equal  before 
the  law  without  regard  to  race,  ethnic  origin,  region,  sex,  or 
religion.   However,  women  have  traditionally  been  accorded  a 
lower  status  than  men.   For  example,  there  is  less  emphasis  on 
the  importance  of  education  for  women,  and  this  is  reflected 
in  the  fact  that  only  19  percent  of  the  adult  female  population 


60 


CENTRAL  AFRICAN  REPUBLIC 

is  literate  as  opposed  to  49  percent  of  the  male  population. 
The  rec[uirements  of  their  work  at  home  and  in  the  fields 
prevent  many  women  from  receiving  any  formal  education. 
Although  polygamy  is  common,  the  legal  system  and  traditional 
practice  support  the  rights  of  the  wives  and  all  children  of 
such  marriages.   A  national  women's  organization  exists  and  is 
supported  by  the  Government.   There  are  no  women  ministers, 
secretaries  of  state,  or  high  commissioners  in  the  Kolingba 
Government . 

CONDITIONS  OF  LABOR 

Employment  of  children  under  14  years  of  age  is  forbidden  by 
law.   While  it  is  only  loosely  enforced,  jobs  are  in  such 
demand  that  children  in  the  labor  force  are  generally  limited 
to  working  as  helpers  in  family  business,  such  as  selling  food 
products  or  cigarettes.   Minimum  wages  have  been  established 
by  the  Government,  and  a  social  security  system  exists. 
However,  much  labor  is  performed  outside  the  wage  and  social 
security  system  and  probably  does  not  meet  the  established 
minimum  levels.   The  law  sets  maximum  working  hours  for 
government  employees  and  most  people  in  the  private  sector  at 
40  hours  per  week.   Domestic  employees  may  work  up  to  55 
hours.   There  are  also  general  laws  of  health  and  safety 
standards  in  the  work  place  but  they  are  neither  precisely 
defined  nor  actively  enforced. 


61 


U.S. OVERSEAS  -LOANS  AND  GRANTS-  OSLIGATIONS  AND  LOAN  AUTHORIZATIONS 
(U.S. FISCAL  YEARS  -  MILLIONS  OF  DOLLARS) 


COJNTRf:  CENTRAL  AFRICAN  REPUBLIC 

1984 


1985 


1986 


I.ECON. 
LO 
GR 
A.  AID 
LO 
GR 
(SEC 
a. FOOD 
LO 
GR 
TITLE 
REPAY 
PAY. 
TITLE 
E.REL 
VOL.R 
C.OTHE 
LO 
GR 


ASSIST. -TOTAL.. 

AMS 

ANTS 


ANS 

ANTS 

.SUPP. ASSIST.)  ..  . 

FOR  PEACE 

ANS 

ANTS 

I-TOTAL 

.  IN  S-L0AN3 

IN  FOP.  CURR 

II-TOTAL 

lEF. EC.DEV  a  HFP. 

ELIEF  AGENCY 

R  SCON.  ASSIST... 

ANS 

ANTS 

PEACE  CORPS 

NARCOTICS 

OTHER 


II.MIL.  ASSIST. -TOTAL, 

LOANS 

GRANTS 

A. MAP  GRANTS 

3. CREDIT  FINANCING., 
C.INTL  MIL.EO.TRNG. , 
D.TRAN-EXCESS  STOCK, 
=  . OTHER  GRANTS , 


III. TOTAL  ECON.  S  MIL, 

LOANS 

GRANTS 


3.6 

4.8 

4.3 

O.D 

0.0 

0.0 

3.6 

4.8 

4.3 

1.2 

2.4 

2.2 

O.D 

0.0 

0.0 

1.2 

2.4 

2.2 

0.0 

0.0 

0.0 

0.4 

0.4 

0.0 

0.0 

0.0 

0.0 

0.4 

0.4 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

O.D 

0.0 

0.0 

0.4 

0.4 

0.0 

0.4 

0.4 

0.0 

0.0 

0.0 

0.0 

2.0 

2.0 

2.1 

0.0 

0.0 

0.0 

2.0 

2.0 

2.1 

2.0 

2.0 

2.1 

0.0 

D.O 

0.0 

0.0 

0.0 

0.0 

0.1 

0.1 

0.1 

0.0 

0.0 

0.0 

0.1 

0.1 

0.1 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.1 

0.1 

0.1 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

3.7 

4.9 

4.4 

O.D 

0.0 

0.0 

3.7 

4.9 

4.4 

OTHER  US  LOANS.  ..  , 
eX-lM  BANK  LOANS, 
ALL  OTHER 


0.0 

0.0 
0.0 


0.0 
0.0 
0.0 


0.0 
0.0 
0.0 


ASSISTANCE    FROM    INTERNATIONAL    AGENCIES 
1984  1935  1986 


1946-86 


TOTAL 

12.0 

18.3 

11.9 

287.4 

IBRD 

0.0 

0.0 

0.0 

0.0 

IFC 

0.0 

0.0 

0.0 

0.0 

IDA 

3.0 

8.0 

11.9 

99.1 

IDB 

0.0 

0.0 

0.0 

0.0 

AD3 

0.0 

0.0 

0.0 

0.0 

AFOB 

5.4 

7.6 

0.0 

70.1 

UNDP 

4.3 

2.7 

0.0 

35.8 

OTHER-UN 

2.3 

0.0 

0.0 

8.0 

EEC 

0.0 

0.0 

0.0 

74.4 

62 


CHAD 


The  Chadian  Government  is  led  by  President  Hissein  Habre  who 
took  power  in  1982  in  the  course  of  a  protracted  civil  war. 
Relying  upon  the  armed  forces  as  his  power  base,  Mr.  Habre 
heads  the  Council  of  Ministers  which,  along  with  an  appointed 
National  Consultative  Council,  comprise  the  executive  and 
legislative  branches  of  the  Government.   The  multiethnic 
National  Union  for  Independence  and  Revolution  (UNIR)  was 
created  in  1984  to  broaden  Habre' s  political  base,  and  in  1986 
it  remained  the  only  officially  recognized  political  movement. 

In  1986  President  Habre  vigorously  pursued  with  increasing 
success  a  policy  of  national  reconciliation,  which  by  the  end 
of  the  year  had  rallied  all  but  a  small  remnant  of  the  former 
armed  opposition  to  his  leadership,  including  in  late  October 
most  of  the  followers  of  ex-President  Goukouni  Oueddei ' s 
so-called  Transitional  Government  of  National  Union  (GUNT) . 
Earlier  in  1986,  calm  returned  to  the  south  when  the  rebel 
commandos  ("CODO's")  rallied  to  the  Government.   Despite  these 
important  achievements,  Libya  continued  to  occupy  40  percent 
of  Chad  with  an  estimated  7,000  troops  and  in  December  was 
engaged  in  heavy  fighting  with  its  ex-allies,  the  GUNT  forces 
in  northern  Chad.   Thus,  at  the  end  of  1986,  the  Chadian 
conflict  had  turned  from  a  civil  war,  in  which  Libya  was 
backing  one  side,  into  an  international  confrontation  between 
two  states,  Chad  and  Libya.   In  this  transformation,  Habre 's 
Chadian  National  Armed  Forces  (FANT),  supported  by  increased 
French  military  and  economic  assistance,  played  a  major  role. 
The  arrival  of  the  French  military  "Operation  Epervier"  in 
mid-February  1986,  for  example,  helped  the  FANT  deter  the  then 
combined  Libyan/GUNT  offensive  south  of  the  16th  parallel.   A 
major  effort  is  currently  under  way  to  reintegrate  the  former 
CODO's  into  the  FANT  or  into  civilian  occupations. 

Against  this  background,  Chad  remains  desperately  poor,  and 
its  estimated  population  of  5  million  has  perhaps  the  lowest 
annual  per  capita  income  in  the  world  ($80).   Cotton 
production  is  the  major  source  of  government  revenues  and 
provides  employment  for  40  percent  of  the  wage  work  force. 
However,  world  cotton  prices  plunged  by  60  percent  in  1986, 
and  production  costs  rose  to  the  point  where  Chad's 
state-owned  cotton  firm  lost  money  with  every  purchase  of  the 
crop,  threatening,  inter  alia,  to  undermine  the  Chadian 
banking  system.   This  difficult  situation  was  expected  to 
continue  at  least  until  the  early  1990 's.   The  Government 
relies  heavily  on  foreign  donor  assistance,  especially  from 
France,  to  make  up  for  lost  government  revenues. 

Throughout  its  long  history  of  civil  war,  Chad  had  been  the 
scene  of  human  rights  abuses  stemming  from  rebel  activities 
and  reprisals  by  government  forces.   In  recent  years  in 
unoccupied  Chad,  most  human  rights  violations  occurred  in 
southern  Chad.   The  virtual  end  of  civil  strife  in  the  south 
and  the  end  of  drought  conditions  have  prompted  many  of  the 
thousands  of  Chadians  who  had  previously  sought  refuge  in 
neighboring  countries  to  return  to  Chad.   Libyan-occupied 
northern  Chad  remains  closed  to  outside  observers.   At  the  end 
of  1986,  the  Chadian  Government  accused  the  Libyans  of 
extensive  human  rights  violations  in  the  north,  including  the 
charge  of  genocide  against  the  population,  and  sought  U.N. 
assistance  in  countering  Libya's  intensified  military 
activities . 


63 


CHAD 

Section  1   Respect  for  the  Integrity  of  the  Person,  Including 
Freedom  from: 

a.  Political  Killing 

There  were  many  credible  reports  of  political  killings  in 

1985.  In  marked  contrast,  there  were  no  new  reports  of  such 
killings  in  1986  in  the  area  under  Chadian  government 
control.   The  switching  of  numerous  CODO ' s  to  the  government 
cause,  strict  and  sometimes  harsh  punishment  imposed  upon 
undisciplined  soldiers,  the  establishment  of  a  military  code 
of  justice,  and  a  general  amnesty  for  all  political  exiles, 
combined  to  produce  an  environment  in  1986  which  decidedly 
discouraged  political  killing.   Also  the  threat  of  further 
invasion  by  the  Libyan  forces  below  the  16th  parallel  helped 
to  reduce  political  dissension  and  foster  a  unified  war  effort 
in  the  unoccupied  part  of  the  country. 

b.  Disappearance 

There  were  also  no  reported  disappearances  in  unoccupied  Chad 
in  1986.   However,  a  number  of  persons  believed  to  be  m 
detention  did  not  appear  among  the  119  political  detainees 
released  by  the  Government  on  January  19,  1986,  thereby 
arousing  suspicions  that  they  had  either  died  in  custody  or 
were  still  being  held.   The  Government  stated  that  119  was  the 
total  number  of  such  detainees.   Amnesty  Internatioiial 
expressed  concern  in  its  1986  Report  (covering  1985)  about  the 
"disappearance"  of  hundreds  of  people  who  were  reportedly 
detained  by  government  forces,  many  of  whom  were  believed  to 
have  been  the  victims  of  extrajudicial  executions. 

c.  Torture  and  Cruel,  Inhuman,  or  Degrading  Treatment  or 
Punishment 

In  the  long  history  of  civil  strife,  there  have  been  many 
reported  incidents  of  torture  and  degrading  treatment  by 
governmental  and  many  oppositional  forces.   In  1986  there  was 
concern  for  the  humane  treatment  of  prisoners  of  war.   The 
International  Committee  of  the  Red  Cross  (ICRC)  has  regular 
access  to  several  hundred  prisoners  of  war  held  in  Chad  from 
fighting  predating  1986  but  not  to  those  taken  in  1986, 
including  an  estimated  several  hundred  GU1^IT  and  Libyan 
prisoners  captured  in  the  fighting  in  February  and  March 

1986.  In  addition,  there  may  be  other  prisoners  of  war  taken 
before  1986  who  do  not  benefit  from  TCRC  visits.   The 
Government  has  indicated  that  it  will  probably  deny  access  to 
Libyan  prisoners  as  long  as  the  Libyans  deny  the  ICRC  access 
to  FANT  prisoners  held  in  the  north  or  in  Libya. 

Prison  conditions  in  Chad  are  generally  poor,  largely  because 
of  the  country's  poverty  rather  than  a  policy  of  abusive 
treatment.   There  are  reports  of  frequent  beatings.   Adequate 
food  is  largely  dependent  upon  outside  visitors,  especially 
family.   There  are  government  detention  centers  where,  because 
they  are  not  accessible  to  outside  observers,  decidedly  worse 
conditions  may  prevail. 

d.  Arbitrary  Arrest,  Detention,  or  Exile 

The  judicial  system  and  criminal  code  in  unoccupied  Chad  have 
evolved  primarily  from  the  body  of  law  inherited  from  the 
former  colonial  power,  France.   In  theory,  this  law 
incorporates  safeguards  against  arbitrary  arrests  and 


64 


CHAD 

specifies  detainee  rights,  including  the  right  to  counsel  and 
the  right  to  be  promptly  informed  of  charges.   However,  in 
practice,  civil  strife  over  more  than  21  years  has  severely 
disrupted  the  legal  system,  especially  the  operation  of  the 
courts.   Persons  who  express  views  critical  of  or  different 
from  those  of  the  Government  are  often  thought  to  endanger  the 
security  of  the  State  and  may  be  detained  without  trial. 
There  are  very  few  lawyers  in  Chad,  and  there  is  no 
functioning  system  of  bail.   The  new  Director  of  the  National 
Security  Police  announced  in  October  that  detainees  would  not 
be  held  more  than  48  hours  without  charge. 

Amnesty  International  has  been  concerned  about  the  detention 
without  trial  of  dozens  of  alleged  opponents  of  the 
Government.   At  the  end  of  1986,  the  number  of  persons 
remaining  in  detention  without  charge,  as  distinct  from 
prisoners  of  war,  was  not  known,  but  as  noted  above,  the 
Government  claimed  all  political  detainees  had  been  released 
in  January. 

The  Government  reports  that  there  have  been  large-scale 
deportations  of  Chadians  from  the  northern  portion  of  the 
country  to  Libya  for  indoctrination,  assimilation,  forced 
labor,  or  military  service  in  the  "Islamic  Legion,"  an 
anti-Chadian  government  force  in  the  north  under  Libyan 
control.   Ex-President  Goukouni  Oueddei  is  reportedly  under 
arrest  in  Tripoli. 

The  International  Labor  Organization  (ILO)  has  been  critical 
of  Chad  in  the  past  for  the  use  of  forced  labor.   The  Chadian 
Government  continued  discussions  with  the  ILO  in  1986  on 
revising  outdated  labor  laws  which  do  not  meet  ILO  norms, 
including  the  ILO's  convention  on  forced  labor. 

e.  Denial  of  Fair  Public  Trial 

The  Chadian  judiciary  has  been  weakened  through  years  of  civil 
war  and  extrajudicial  actions.   The  President  appoints  judges 
and  other  judicial  officials.   Since  1982  the  Government  has 
been  attempting  to  rebuild  the  regular  judicial  system  which 
includes,  1  appeal  court,  14  district  courts,  4  labor 
tribunals,  and  1  special  court  of  justice  established  in  1985 
for  processing  cases  involving  embezzlement  of  public  funds 
and  abuse  of  public  office.   There  are  only  2  defense 
attorneys  and  36  justices  of  the  peace,  which  highlights  the 
shortage  of  trained  judicial  personnel.   Judicial  authorities 
complain  of  a  heavy  backlog  of  approximately  400  cases. 

There  is  also  a  traditional  system  of  law  presided  over  by 
sultans  and  chiefs.   This  traditional  system  is  generally 
effective  and  fair  in  resolving  property  and  other  civil 
disputes  and  in  dealing  with  cases  involving  petty  local 
crime.   In  theory,  decisions  in  customary  courts  may  be 
appealed  to  the  regular  courts. 

f.  Arbitrary  Interference  with  Privacy,  Family,  Home,  or 
Correspondence 

Under  Chadian  law,  homes  may  be  searched  only  during  the  day 
and  under  authority  of  a  warrant.   In  practice,  however,  there 
are  many  instances  where  this  law  has  not  been  respected. 
There  have  been  occasional  reports  of  soldiers,  deserters,  and 
bandits  seizing  private  property. 


65 


CHAD 

Correspondence  carried  by  people  traveling  overland  in  Chad  is 
often  checked  by  authorities  at  various  points  along  the  way. 
Correspondence  sent  through  the  Chadian  postal  system, 
however,  is  less  likely  to  be  subject  to  such  controls. 

In  Libyan-occupied  northern  Chad,  there  have  reportedly  been 
forced  resettlements  of  Chadians  and  forced  marriages  between 
Chadian  women  and  Libyan  soldiers,^colonizers .   Also,  reports 
indicate  that  sizable  quantities  of  livestock  have  been  taken 
to  Libya  from  northern  Chad  without  proper  compensation  to 
their  Chadian  owners,  and  that  Libyans  use  food  distribution 
as  a  means  of  keeping  the  local  populations  under  control. 

Section  2   Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press 

Temporary  detention  is  a  likely  penalty  for  publishing  or 
spreading  information  considered  damaging  to  the  Government's 
interests.   The  radio  stations  and  the  only  daily  news 
bulletin  are  operated  by  the  Government's  information 
secretariat.   A  weekly  news  magazine  is  published  by  UNIR. 
The  editors,  journalists,  and  media  technicians  are  employed 
by  the  Government  and  do  not  write  or  publish  anything  which 
is  critical  of  the  Government. 

In  late  December,  based  on  military  considerations,  the 
Government  imposed  censorship  on  all  foreign  news  dispatches 
coming  from  Chad.   However,  it  ended  this  censorship  system  at 
the  beginning  of  January  1987. 

Chadian  law  enforcement  officials  have  been  known  to 
"discourage"  Chadians  from  listening  to  Radio  Bardai,  the 
Chadian  opposition  radio  station  in  the  north,  which  is 
actually  located  in  Libya.   Private  groups  (religious  and 
otherwise)  publish  nonpolitical  information  freely.   Major 
French  dailies  and  weekly  news  and  feature  magazines  are  sold 
in  Chad,  and  ideologically  hostile  foreign  magazines  are 
sometimes  available.   The  ban  on  the  sale  of  the  Paris-based 
journal  Afrique  Asie,  imposed  in  1985  following  the 
publication  of  an  article  critical  of  the  Chadian  Government, 
remains  in  effect.   In  1986  a  local  Catholic  publication, 
L'Espoir,  was  suppressed  for  having  published  political 
commentary.   In  1986  an  Agence  France  Presse  correspondent  was 
expelled  for  writing  "false  information  aimed  at  discrediting 
Chad. " 

Freedoms  of  speech  and  press  are  tightly  controlled  in  the 
Libyan-occupied  north  where  the  use  of  French,  one  of  the  two 
official  languages  of  Chad,  has  been  largely  proscribed. 

b.  Freedom  of  Peaceful  Assembly  and  Association 

In  unoccupied  Chad  there  is  no  forced  membership  in  any 
political  organization.   However,  voluntary  membership  is 
limited  to  the  National  Union  for  Independence  and  Revolution 
(UNIR)  and  its  subgroups.   UNIR  is  working  to  strengthen  and 
extend  its  organization  but  has  encountered  resistance  from 
several  ex-opposition  political  organizations  which  have 
recently  rallied  to  the  Government.   These  political  groups 
vow  to  maintain,  and  have  so  far  maintained,  their  individual 
identities,  but  the  Government  has  severely  criticized 
meetings  of  members  of  these  political  organizations  in  the 
government-controlled  press.   Thus  far,  no  other  action  has 


66 


CHAD 

been  taken  against  these  groups.   Reports  from  the  Libyan- 
occupied  northern  part  of  Chad  indicate  that  the  free  assembly 
of  indigenous  Chadians  there  is  prohibited,  including  in  labor 
unions . 

Chad's  labor  laws  provide  for  freedom  of  association  for 
workers,  for  confederation  of  unions,  and  for  the  right  to 
bargain  collectively.   The  right  to  strike  exists  only  after 
arbitration  at  three  levels  in  two  ministries  (Labor  and 
Justice)  fails.   There  are  two  labor  union  confederations  in 
Chad,  both  of  which  are  only  marginally  effective  and  are  in 
large  part  constrained  by  the  Government.   These  unions  are 
too  weak  and  the  economy  too  undeveloped  for  organized  labor 
to  be  a  significant  political  force. 

c.  Freedom  of  Religion 

Chad  professes  to  be  a  secular  state.   Islam,  Christianity, 
and  other  religions  are  freely  practiced.   Both  Islamic  and 
Christian  holidays  are  given  official  status.   More  than  50 
percent  of  Chad's  population  is  Muslim,  and  Chad  is  a  member 
of  the  Organization  of  the  Islamic  Conference.   Christian 
missionaries  may,  nevertheless,  enter  the  country, 
proselytize,  and  provide  assistance  to  local  populations. 
They  are  particularly  active  in  the  south.   Religious 
publications  are  allowed  to  circulate  freely,  provided  they  do 
not  engage  in  political  commentary.   There  is  no  evidence  the 
Government  either  favors  or  disfavors  members  of  particular 
religions.   In  Libyan-occupied  northern  Chad,  only  the  Muslim 
religion  can  be  practiced  openly. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign 
Travel,  Emigration,  and  Repatriation 

Travel  in  Chad  is  sharply  curtailed  by  the  presence  of  hostile 
forces  north  of  the  16th  parallel  and  by  bandits  and  residual 
rebel  groups  in  certain  southern  and  eastern  parts  of  the 
country.   Travelers  within  Chad  require  proper  documentation 
and  government  travel  authorization,  which  can  usually  be 
obtained. 

International  travel  is  permitted.   Chadians  may  obtain 
regular  passports  for  a  fee  of  about  $60,  provided  they  have 
been  cleared  by  Chad's  internal  security  services,  a  process 
which  normally  takes  less  than  1  week. 

Chadians  are  free  to  emigrate.   In  previous  years,  thousands 
of  Chadians  fled  to  neighboring  countries  because  of  drought 
and  civil  strife.   As  conditions  improved  in  1986,  thousands 
of  these  displaced  Chadians  returned  from  the  Central  African 
Republic,  Sudan,  Cameroon,  Niger,  and  Nigeria.   Despite  Chad's 
limited  material  means,  these  repatriates,  as  well  as  those 
Chadians  who  fled  the  occupied  northern  zone,  have  been  well 
received.   There  have  been  no  known  reprisals  against  members 
of  former  opposition  groups  who  have  returned  to  Chad. 

The  movement  of  Chadians  in  the  occupied  north  is  reported  to 
be  tightly  controlled  and  severely  restricted.   There  were 
reports  that  occupying  forces  fired  upon  civilians  fleeing 
south  to  government-controlled  areas. 


67 


CHAD 

Section  3   Respect  for  Political  Rights:   The  Right  of  Citizens 
to  Change  Their  Government 

The  present  political  system  makes  no  provision  for  democratic 
change  of  government.   Chad  has  been  in  a  state  of  civil 
strife  since  1965,  with  various  factions  and  as  many  as  11 
armies  contending  at  times  for  control  of  the  country. 

Since  June  1982,  Chad  has  been  governed  by  President  Hissein 
Habre,  who  heads  a  French-style  Council  of  Ministers 
complemented  by  an  appointed  National  Consultative  Council 
(legislature).   Both  Councils  are  carefully  balanced  to 
promote  ethnic  and  regional  harmony.   The  source  of  President 
Habre' s  authority  is  the  allegiance  he  commands  from  the  armed 
forces,  the  security  services,  and  the  country's  only 
authorized  political  movement,  the  National  Union  for 
Independence  and  Revolution  (UNIR) .   UNIR's  bylaws  mandate  the 
popular  election  of  lower-level  officials,  but,  as  yet,  no 
elections  have  been  scheduled. 

At  present,  laws,  decrees,  and  ordinances  are  proposed  by  the 
President  and  the  Council  of  Ministers  and  occasionally 
"discussed"  by  the  National  Consultative  Council  prior  to 
promulgation.   Agreements  signed  in  late  1985  in  Gabon  by  the 
Government  and  the  rallying  opposition  parties,  known  as  the 
"Libreville  Accords,"  provide  for  the  drafting  of  a  new 
constitution  by  the  National  Consultative  Council,  to  be  voted 
on  by  referendum  within  4  years.   The  new  constitution  is  to 
provide  a  timeframe  for  free  and  democratic  elections. 

Sometimes,  traditional  leaders  (cantonal  or  village  chiefs  for 
example)  are  popularly  elected  or  chosen  by  subordinate 
members  of  the  traditional  hierarchy  (village  chiefs  or  family 
heads,  for  example) . 

In  the  occupied  northern  zone,  Chadians  must  establish 
Libyan-style  "Peoples'  Committees."   The  alliance  of  armed 
Chadian  opposition  groups  known  as  the  Transitional  Government 
of  National  Union  (GUNT)  collapsed  by  late  1986  due  to 
disillusionment  with  Libyan  control,  military  defeat,  and 
Habre' s  successful  policy  of  national  reconciliation.   The 
GUNT  had  previously  served  as  a  front  for  the  Libyan 
occupation  of  northern  Chad. 

Section  4   Governmental  Attitude  Regarding  International  and 

Nongovernmental  Investigation  of  Alleged  Violations 
of  Human  Rights 

As  noted  above,  the  Chadian  Government  permits  the  ICRC  to 
visit  many  prisoners  of  war  captured  before  1986.   It  does 
not,  however,  permit  ICRC  visits  to  prisoners  captured  during 
the  fighting  of  1986.   The  Libyans  do  not  permit  ICRC  visits 
to  Chadian  prisoners  of  war  in  the  north. 

The  Government  has  carried  on  a  "dialogue"  with  Amnesty 
International  and  permitted  Amnesty  to  send  a  mission  to  Chad 
in  1985  to  discuss  human  rights,  including  status  and 
conditions  of  prisoners  of  war,  which  the  Government  maintains 
are  held  in  recognized  detention  centers. 

Chad  has  no  internal  human  rights  organizations,  either 
official  or  nongovernmental.   Chad  ratified  the  Organization 
of  African  Unity's  African  Charter  for  Human  and  Peoples' 
Rights  in  July  1986. 


68 


CHAD 

Section  5   Discrimination  Based  on  Race,  Sex,  Religion, 
Language,  or  Social  Status 

There  are  some  200  ethnic  groups  in  Chad,  which  can  be  divided 
roughly  between  Saharan  and  Arab  Muslim  in  the  northern  and 
central  regions,  and  negroid  peoples  in  the  south.   Over  21 
years  of  conflict  have  brought  out  the  complexity  of  ethnic 
divisions  beyond  simple  north-south  formulations.   Habre  has 
made  a  serious  effort  to  expand  the  ethnic  and  geographic 
representation  of  his  administration  and  to  create  a  truly 
national  government  by  appointing  ministers,  deputy  ministers 
(secretaries  of  state),  and  administrators  from  all  parts  of 
the  country. 

In  the  public  domain,  at  least,  women  are  generally 
subordinate  to  men.   Women  contribute  greatly  to  Chad's 
agricultural  productivity  in  virtually  all  aspects  of 
farming.   They  also  engage  in  commerce,  ranging  from  simple 
market  stalls  to  the  ownership  of  some  larger  businesses.   The 
titular  members  of  agricultural  cooperatives  still  tend  to  be 
men.   Women  may  serve  voluntarily  in  the  armed  forces, 
although  they  are  excluded  from  officer  training  programs.   In 
1984  a  Ministry  of  Social  and  Women's  Affairs  was  created  and 
has  always  had  a  woman  minister.   Only  1  of  the  15  members  of 
the  executive  bureau  of  UNIR's  central  committee  is  a  woman. 
UNIR  has  a  fairly  active  women's  organization.   Many  women, 
especially  war  widows  and  their  children,  have  inadequate 
means  of  support. 

CONDITIONS  OF  LABOR 

The  minimum  age  for  employment  is  14.   Many  exceptions  abound, 
however,  as  Chad  is  a  predominantly  labor-intensive  agrarian 
society,  with  95  percent  of  the  population  engaged  in 
subsistence  agriculture.   The  statutory  minimum  for  wage  labor 
is  approximately  $25  per  month.   With  the  Government  extremely 
short  of  funds,  civil  servants  below  the  executive  level 
receive  only  60  percent  of  salaries  on  the  scale  established 
in  1977.   Nonagricultural  work  is  limited  to  48  hours  per  week 
with  overtime  to  be  paid  for  any  excess.   Agricultural  work  is 
supposedly  limited  to  2,400  hours  per  year.   All  workers  must 
have  at  least  24  consecutive  hours  of  rest  each  week,  usually 
on  Sunday.   Occupational  health  and  safety  standards  are 
established  by  law  and  ministerial  decree  but,  as  with  most 
social  legislation,  enforcement  is  weak. 


69 


U.S.OVERScSS  -LOANS  ANO  GRANTS"  OBLIGATIONS  AND  LOAM  AUTHORIZATIONS 
(U.S. FISCAL  YEARS  -  MILLIONS  OF  DOLLARS) 


COJNTRY:  CHAD 


1934 


1935 


1986 


I. ECON. 
LO 
GR 
A.  AID 
LO 
GR 
(SEC 
3. FOOD 
LO 
GR 
TITLE 
REPAY 
PAY. 
TITLE 
E.REL 
VOL.R 
C.OTHE 
LO 
GR 


ASSIST. -TOTAL.. 

ANS 

ANTS 


AMS 

ANTS 

.SU=P. ASSIST.) .. . 

FOR  PEACE , 

ANS 

ANTS 

I-TOTAL 

.  IN  $-LOANS...., 
IN  FOR.  CURR  ..  ..  . 

II-TOTAL 

lEF.eC.DEV  5  WFP, 
ELIEF  AGENCY...., 
R  ECON.  ASSIST.., 

ANS 

ANTS 

PEACE  CORPS , 

NARCOTICS 

OTHER 


II.MIL.  ASSIST. -TOTAL, 

LOANS < 

GRANTS 

A.  MAP  GRANTS 

a. CREDIT  FINANCING., 
C.INTL  MIL.EO.TRNG. 
D.TRAN-EXCESS  STOCK 
E. OTHER  GRANTS , 


III. TOTAL  ECON.  &  'ML. 

LOANS 

GRANTS 


16.0 

35.4 

15.5 

0.0 

0.0 

0.0 

16.0 

35.4 

15.5 

11.0 

15.5 

15.5 

0.0 

0.0 

0.0 

11.0 

15.5 

15.5 

3.0 

5.0 

9.8 

5.0 

19.9 

0.0 

0.0 

0.0 

0.0 

5.0 

19.9 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

5.0 

19.9 

0.0 

3.8 

13.6 

0.0 

1.2 

6.3 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

O.D 

D.O 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

2.2 

5.2 

5.9 

0.0 

0.0 

0.0 

2.2 

5.2 

5.9 

2.0 

5.0 

5.7 

0.0 

0.0 

0.0 

0.2 

0.2 

0.2 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

13.2 

40.6 

21.4 

0.0 

0.0 

0.0 

18.2 

40.6 

21.4 

OTHER  US  LOANS. .. . 
EX-IM  SANK  LOANS, 
ALL  OTHER , 


0.0 
0.0 
0.0 


0.0 
0.0 
0.0 


0.0 
0.0 
0.0 


ASSISTANCE    FROM    INTERNATIONAL     AGENCIES 
1984  1935  1986 


1946-86 


TOTAL 

5.2 

11.0 

.15.0 

306.6 

IBRD 

0.0 

0.0 

0.0 

0.0 

if: 

0.0 

0.0 

0.0 

0.0 

IDA 

0.0 

0.0 

15.0 

.  95.4 

103 

0.0 

0.0 

0.0 

0.0 

A03 

0.0 

0.0 

0.0 

0.0 

AFOB 

0.0 

0.0  . 

0.0 

49.1 

UNDP 

5.2 

4.3 

0.0 

39.5 

OTHER-UN 

0.0 

6.2 

0.0 

15.8 

ESC 

3.0 

0.0 

0.0 

106.8 

70 


COMOROS 


The  Comoros  unilaterally  declared  its  independence  from  France 
in  1975.   The  first  President,  Ahmed  Abdallah  Abderemane,  was 
overthrown  almost  immediately  but  regained  power  in  1978  when 
mercenaries  ousted  the  increasingly  repressive  and  xenophobic 
regime  of  Ali  Soilih.   Abdallah  was  reelected  unopposed  to  a 
second  6-year  term  in  1984.   In  recent  years,  constitutional 
amendments  have  strengthened  the  President's  position,  notably 
in  the  appointment  of  governors,  in  the  centralized  collection 
of  taxes,  and  in  the  establishment  of  a  single  legal  political 
party,  the  Comorian  Union  for  Progress  (UCP) .   Village 
notables  and  religious  leaders  dominate  local  politics  while 
three  major  families,  the  President's  being  one,  control  most 
of  the  import-export  business. 

A  75-member  mercenary  force  continues  to  train  and  lead  the 
Presidential  Guard,  the  best  equipped  security  force  in  the 
islands.   French  technical  assistance  is  provided  to  the  small 
Comorian  armed  forces  and  the  Gendarmerie.   Each  island  also 
has  a  local  police  force. 

Agriculture  dominates  economic  activity.   With  a  population  of 
450,000,  likely  to  double  by  the  year  2000,  the  Comoros  are 
rapidly  approaching  full  utilization  of  arable  land.   Revenues 
from  the  export  of  copra,  vanilla,  essence  of  ylang-ylang,  and 
cloves  cover  only  a  portion  of  necessary  imports.   There  are 
no  industries,  inadequate  port  facilities,  and  limited  highway 
and  communications  infrastructure.   The  Comoros  are  part  of 
the  francophone  Africa  monetary  zone,  and  the  Government 
depends  heavily  on  France  for  budgetary  support  and  technical 
assistance . 

There  was  little  change  in  the  human  rights  situation  in  1986 
from  1985.   Following  the  aborted  coup  attempt  by  Comorian 
soldiers  in  March  1985,  which  resulted  in  the  trial  and 
conviction  of  77  coup  plotters,  the  Government  arrested  30 
soldiers  at  the  end  of  1985  for  planning  a  second  coup  attempt. 
Most  of  those  detained  and  sentenced  in  connection  with  both 
plots  have  now  been  released. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1   Respect  for  the  Integrity  of  the  Person,  Including 
Freedom  from: 

a.  Political  Killing 

There  were  no  reports  of  political  killings. 

b.  Disappearance 

There  were  no  reports  of  government-inspired  disappearances. 

c.  Torture  and  Cruel,  Inhuman,  or  Degrading  Treatment  or 
Punishment 

Reports  that  mercenaries  beat  alleged  coup  plotters  were 
investigated  by  several  human  rights  groups  in  1985  and  again 
in  1986.   Amnesty  International's  1986  Report  indicated  that 
one  prisoner  was  said  to  have  been  beaten  to  death  during 
interrogation. 

Penal  discipline  is  lax;  most  prisoners  are  usually  released 
during  the  day  for  prayers  and  work.   Families  are  expected  to 
help  provide  their  meals.   The  arrest  of  some  200  persons 


71 


COMOROS 

after  the  first  coup  attempt  resulted  in  severe  overcrowding 
of  the  Comoros'  meager  prison  facilities  until  early  1986  when 
many  of  the  prisoners  were  released. 

d.  Arbitrary  Arrest,  Detention,  or  Exile 

The  Government  made  large-scale  arrests  after  the  March  1985 
coup  attempt,  and  it  kept  about  80  of  the  principal  suspects 
in  extended  incommunicado  detention.   Mercenaries  reportedly 
participated  in  many  of  the  arrests  and  in  the  interrogation 
of  detainees.   Current  legal  procedures  permit  the  government 
to  take  such  actions,  especially  in  security  cases.   The  role 
of  the  mercenaries  in  the  interrogation  process  was  not 
authorized  and  was  quickly  terminated.   As  of  the  end  of  1986, 
all  persons  arrested  in  connection  with  the  1985  coup  attempt 
and  its  aftermath  had  been  subjected  to  judicial  process.   At 
the  end  of  1986  there  were  no  persons  in  detention  on  political 
grounds . 

There  is  no  evidence  of  forced  or  compulsory  labor. 

e.  Denial  of  Fair  Public  Trial 

The  1978  Constitution  provides  for  the  equality  of  all  citizens 
before  the  law  and  the  right  of  all  accused  persons  to  a 
defense.   The  judiciary  is  independent  in  regular 
civil/criminal  cases,  and  trials  are  open  to  the  public.   The 
Comorian  legal  system  applies  a  mixture  of  Islamic  law  and  an 
inherited  French  legal  code.   French  and  Comorian  experts  were 
drafting  a  new  consolidated  legal  code  at  the  end  of  1986. 
Most  disputes  are  settled  by  village  elders  or  by  a  civil 
court  of  first  instance. 

President  Abdallah  ordered  the  establishment  of  a  special 
criminal  court  of  appointed  members  to  try  many  of  the  alleged 
March  1985  coup  conspirators,  based  on  a  1960  decree  as  amended 
in  October  1985.   Charges  were  not  lodged  until  September,  and 
the  trial  was  held  in  November.   Seventy-seven  persons,  both 
civilian  and  military,  were  sentenced  to  terms  ranging  from  10 
months  to  life  imprisonment;  18  persons  were  subsequently 
pardoned  in  late  1985,  but  an  additional  30  persons,  all 
soldiers,  were  arrested  at  the  end  of  1985  for  allegedly 
planning  a  second  coup.   Most  of  the  persons  sentenced  or 
detained  in  these  two  coup  incidents  were  pardoned  or  released 
during  1986.   Approximately  34  alleged  coup  plotters  were  being 
held  at  the  beginning  of  1987. 

f.  Arbitrary  Interference  with  Privacy,  Family,  Home,  or 
Correspondence 

The  Constitution  provides  for  the  inviolability  of  home  and 
property.   There  were  no  known  cases  of  arbitrary  interference 
with  privacy  in  1986. 

Section  2  Respect  for  Civil  Liberties,  Including: 

a.   Freedom  of  Speech  and  Press 

The  Constitution  guarantees  freedom  of  expression.   Comorians 
discuss  and  criticize  their  Government  and  its  leading 
personalities  in  private  but  not  in  public.   The  only  local 
news  media  are  the  government-controlled  radio  station  and 
monthly  newspaper,  which  are  self-censoring  when  covering 
domestic  events.   Foreign  journals  and  newspapers  are 
available,  as  are  books  from  abroad. 


72 


COMOROS 

Clandestine  tracts  critical  of  the  regime  continued  to 
circulate,  despite  several  arrests  and  the  occasional 
confiscation  of  printing  equipment.   Cassettes  made  in  Iran 
and  distributed  by  disaffected  youths  in  Anjouan  in  early  1986 
prompted  the  arrest  of  35  Islamic  students  and  the  confiscation 
of  pro-Khomeini  materials.   The  students  were  released 
uncharged  3  weeks  later,  after  intense  pressure  from 
influential  family  members  for  their  release. 

b.  Freedom  of  Peaceful  Assembly  and  Asociation 

The  Constitution  states  that  freedom  of  association  and  freedom 
to  form  unions  are  guaranteed,  as  well  as  the  right  to  strike. 
In  practice,  these  rights  are  partially  circumscribed.   In 
theory,  all  legal  political  activity  takes  place  within  the 
UCP.   In  practice,  however,  social  occasions,  such  as  the 
traditional  lavish,  extended  Comorian  weddings,  serve  as 
vehicles  for  intense  political  activity.   Anniversaries  of  the 
death  of  former  political  figures  and  funerals  of  prominent 
Comorians  sometimes  also  carry  political  overtones.   On  June 
10  the  end  of  Ramadan  featured  a  street  demonstration  in  favor 
of  an  opposition  figure  recently  returned  from  France.   The 
Gendarmerie  promptly  dispersed  the  crowd  but  made  no  arrests. 

The  wage  labor  force  is  small,  and  unions  are  not  effectively 
organized.   The  scarcity  of  jobs  is  also  a  serious  restraint 
on  labor  organization.   As  a  result,  there  have  been  no 
strikes,  but  the  Government's  inability  to  pay  wages  and 
salaries  on  schedule  sometimes  results  in  work  slowdowns, 
absenteeism,  and  informal  peaceful  protests  to  Comorian 
authorities . 

c.  Freedom  of  Religion 

An  overwhelming  majority  of  the  population  is  Muslim.   The 
Constitution  holds  Islam  to  be  the  "wellspring  of  the 
principles  and  rules  which  guide  the  State  and  its 
institutions."   However,  the  Government  upholds  the  right  of 
non-Muslims  to  practice  their  faith.   There  are  churches  for 
the  small  Protestant  and  Catholic  populations.   Christian 
missionaries  work  in  local  hospitals  and  schools,  but  they  are 
not  allowed  to  proselytize. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign 
Travel,  Emigration,  and  Repatriation 

Movement  within  and  outside  the  Comoros  for  citizens  and 
foreigners  is  not  restricted.   A  Comorian  community  abroad, 
concentrated  in  France,  includes  many  persons  who  oppose  the 
Government.   In  1986  there  was  no  evidence  that  those  returning 
to  the  Comoros  were  subjected  to  government  reprisals. 

Section  3   Respect  for  Political  Rights:   The  Right  of  Citizens 
to  Change  Their  Government 

During  the  Soilih  period,  undisciplined  youth  committees  often 
terrorized  society,  all  of  the  country's  civil  records  were 
destroyed,  and  prominent  families  faced  intermittent 
persecution.   Soilih  openly  challenged  the  dominance  of  Islam, 
alienating  much  of  the  devoutly  Islamic  population.   The  Soilih 
experience  caused  many  Comorians  to  fear  radical  change.   The 
restoration  of  President  Abdallah  in  1978,  and  a  commitment  to 
moderately  paced  change,  ended  that  phase  of  radicalism. 


73 


COMOROS 

Abdallah  remains  the  single  most  important  factor  in  Comorian 
politics.   He  commands  the  personal  loyalty  of  the  mercenary- 
led  Presidential  Guard,  and  his  position  is  buttressed  by  his 
own  personal  wealth.   The  inability  of  a  fragmented  opposition 
to  coalesce  around  a  viable  alternative  to  Abdallah  has  also 
reinforced  the  President's  position.   Abdallah  has  been  in 
conflict  with  some  of  the  leading  "notables"  since  a  cabinet 
reshuffle  in  1985.   The  replaced  notables  have  undertaken  a 
"constitutional"  effort  to  depose  Abdallah.   Discontent  with 
the  privileges  of  the  Abdallah  family  and  frustration  with  the 
notables'  modest  role  in  Comorian  political  life  surfaced  in 
the  debates  in  the  38-member  National  Assembly  in  1986. 

According  to  the  Constitution,  Assembly  elections  must  be  held 
within  5  years  of  the  previous  election.   Abdallah' s  political 
party,  the  UCP,  was  made  the  sole  legal  party  in  a  1982 
amendment  to  the  Constitution.   However,  Abdallah  has 
indicated  that  all  political  groups  can  nominate  candidates 
for  the  next  election  to  be  held  in  March  or  April  1987. 

Section  4   Governmental  Attitude  Regarding  International  and 

Nongovernmental  Investigation  of  Alleged  Violations 
of  Human  Rights 

The  March  1985  coup  prompted  an  investigation  by  several 
international  human  rights  groups  of  the  extended  detention  of 
alleged  coup  plotters.   Subsequently  the  Interior  Minister 
delivered  a  bitter  rebuttal  of  published  criticism  of  the 
Comorian  human  rights  situation  by  Amnesty  International  and 
other  human  rights  entities.   He  claimed  that  the  Government 
invited  all  interested  groups  to  make  an  on-the-spot 
examination  of  conditions  in  Comoros. 

Section  5   Discrimination  Based  on  Race,  Sex,  Religion, 
Language,  or  Social  Status 

The  constitutional  deference  to  Islam  formalizes  the  deeply 
held  commitment  of  most  Comorians  to  an  Islamic  world  view. 
The  Comorian  commitment  to  a  free  society  is  essentially  a 
traditional  Islamic  one  of  an  open  marketplace,  tolerance  of 
other  religions,  and  equality  of  Muslims  before  Allah.   The 
society  respects  authority  based  on  inheritance,  age,  wealth, 
and  religious  leadership.   The  Government  demonstrated  its 
nervousness  about  fundamentalist  Islamic  groups  by  the 
detention  early  in  the  year  of  the  35  Anjouan  students.   The 
Constitution  formally  provides  for  the  equality  of  citizens 
regardless  of  race,  sex,  or  religion,  but  men  have  a  dominant 
role  within  Comorian  society.   At  traditional  ceremonies  and 
social  gatherings,  the  sexes  are  separated.   Suffrage  is 
universal,  but  the  opinions  of  husbands  and  fathers  exercise  a 
formidable  influence  over  women's  voting  habits.   Yet  women 
are  neither  veiled  nor  limited  to  minor  civil  service  posts. 
Women  have  the  right  to  participate  in  the  political  process, 
but  tradition  has  discouraged  the  exercise  of  that  right. 

CONDITIONS  OF  LABOR 

Young  children  are  employed  in  household  chores  but  not  in  the 
public  or  commercial  sector.   The  lack  of  a  minimum  age  for 
employment  does  not  in  practice  encourage  child  labor  abuse 
because  jobs  for  adolescents  and  young  adults  are  scarce,  and 
wages  for  workers  of  all  ages  are  very  low.   There  is  no 
industrialization  or  factory  activity.   Wages  and  standards  of 
occupational  safety  and  health  are  consistent  with  Comoros' 
status  as  one  of  the  world's  poorest  countries.   Hours  of  work 
in  any  category  rarely  exceed  35  hours  per  week. 


74 


U.S. OVERSEAS    -LOANS    AND    GRANTS"    OBLIGATIONS    AND    LOAN    AUTHORIZATIONS 
(U.S. FISCAL     YEARS    -     MILLIONS    OF     DOLLARS) 


COUNTRY:     COMOROS 


1984 


1985 


1936 


I.ECON.    ASSIST.-TOTAL  ..  . 

LOAMS 

GRANTS 

A.  AID 

LOANS 

GRANTS , 

(SEC. SUPP. ASSIST.) .. . 

b.FOOD    FOR     PEACE 

LOAMS. , 

GRANTS 

TITLE     I-TOTflL 

REPAY.     IN    ?-LOANS 

PAY.     IN    FOR.     CURR 

TITLE  II-TOTAL 

£. RELIEF. EC. OEV  5  WFP, 

VOL. RELIEF  AGENCY 

C.OTHER  E:0N.  ASSIST... 

LOANS 

GRANTS 

PEACE  CORPS 

NARCOTICS 

OTHER 


•TOTAL, 


II.MIL.  ASSIST. 

LOANS , 

GRANTS , 

A.  MAP  GRANTS 

3. CREDIT  FINANCING., 
C.INTL  MIL. EO.TRNG. , 
D.TRAN-EXCESS  STOCK, 
E. OTHER  GRANTS 


III. TOTAL  ECON. 

LOANS 

GRANTS.... 


MIL, 


1.6 

0.6 

0.8 

0.0 

0.0 

0.0 

1.6 

0.6 

0.8 

0.8 

0.4 

0.8 

0.0 

0.0 

0.0 

0.3 

0.4 

0.8 

0.0 

0.0 

0.0 

0.3 

0.2 

0.0 

0.0 

0.0 

0.0 

0.8 

0.2 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.8 

0.2 

0.0 

0.8 

0.2 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

O.D 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

1.6 

0.6 

0.8 

0.0 

0.0 

0.0 

1  .6 

0.6 

0.8 

OTHER  US  LOANS. .. , 
EX-IM  BANK  LOANS, 
ALL  OTHER , 


0.0 
0.0 
0.0 


0.0 
0.0 
0.0 


0.0 
0.0 
0.0 


ASSISTANCE  FROM  INTERNATIONAL  AGENCIES 
1984      1985      1986 


1946-86 


TOTAL 

3.3 

5.4 

0.0 

36.0 

I3R0 

0.0 

0.0 

0.0 

0.0 

IFC 

Q.O 

0.0 

0.0 

,   0.0 

lOA 

7.8 

0.0 

0.0 

32.8 

103 

3.0 

0.0 

0.0 

0.0 

AD3 

0.0 

0.0 

0.0 

0.0 

AF03 

0.0 

5.4 

0.0 

42.6 

uinp 

0.3 

0.0 

0.0 

10.1 

OHER-UN 

0.2 

0.0 

0.0 

0.5 

EEC 

0.0 

0.0 

0.0 

0.0 

75 


CONGO 


The  People's  Republic  of  the  Congo  is  officially  a 
Marxist-Leninist  state  and  is  governed  by  an  elite  group  of 
party,  cabinet,  and  military  officials  through  the  single  legal 
party,  the  Congolese  Labor  Party  (PCT) .   In  the  past  year,  and 
particularly  since  Congolese  President  Denis  Sassou-Nguesso 
became  the  President  of  the  Organization  of  African  Unity, 
there  has  been  a  tendency  toward  a  more  open  society  with 
expanded  contacts  with  the  West.   In  addition  to  serving  as 
President  of  the  Republic  and  Head  of  Government,  Sassou  is 
also  president  of  the  party.   The  President  nominates  the 
13-member  political  bureau,  the  key  policy-making  group,  which 
is  approved  by  the  75-member  central  committee.   Within  the 
central  committee,  members  from  the  northern  regions  of  the 
country  are  in  the  majority  and  hold  the  balance  of  power,  even 
though  they  represent  a  minority  of  the  population.   The 
military  and  security  services  are  also  firmly  under  the 
control  of  the  northerners,  and  they  ultimately  hold  the  key  to 
power  in  the  Congo.   The  need  to  maintain  consensus  among  the 
political  leaders  representing  traditionally  conflicting  areas 
provides  a  check  on  arbitrary  policies. 

The  security  apparatus,  which  is  under  the  direction  of  the 
presidency,  is  headed  by  the  state  security  organization  (DSGE) 
and  is  patterned  after  those  in  Eastern  Europe.   Its  principal 
objective  is  to  protect  the  State  against  possible  dissident 
activity.   There  are  also  party  core  groups  in  all  ministries, 
labor  organizations,  mass  organizations,  and  urban  districts 
(arrondissements)  which  monitor  the  activities  of  coworkers  and 
neighbors.   In  addition  to  the  DSGE,  there  are  the  regular 
police  forces  whose  discipline  is  generally  improving  with 
continuing  Eastern  European  and  Cuban  training. 

With  its  small  population  (1.9  million)  and  relatively  high  per 
capita  income  (about  $1,200),  the  Congo  is  one  of  Africa's  most 
prosperous  countries.   The  economy  is  highly  dependent  on  oil, 
which  in  past  years  has  accounted  for  over  90  percent  of 
exports.   In  1982  the  Congo  began  to  implement  an  ambitious 
5-year  investment  plan,  concentrated  heavily  on  inf rastructural 
development,  but  by  1985  sharp  reductions  in  oil  revenues 
forced  the  Government  to  cut  its  budget  in  half  and  in  1986  to 
accept  an  International  Monetary  Fund  adjustment  program. 

The  human  rights  situation  in  the  Congo  changed  little  in 
1986.   Persons  previously  cited  by  Amnesty  International  as 
political  prisoners  were  brought  to  trial  in  August  on  charges 
related  to  two  acts  of  terrorism  (bombings)  dating  from  1982. 
The  trial  was  open  to  the  public  and  virtually  all  of  the 
proceedings  were  transmitted  live  on  Congolese  television.   The 
defendants  were  convicted  and  sentenced  to  terms  ranging  from  a 
5-year  suspended  sentence  to  death  for  the  alleged  leader. 
While  not  politically  free,  most  Congolese  go  about  their  daily 
lives  with  a  minimum  of  government  or  police  interference. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1   Respect  for  the  Integrity  of  the  Person,  Including 
Freedom  from: 

a.   Political  Killing 

There  were  no  reported  cases  of  killing  for  political  motives. 


76 

CONGO 

b.  Disappearance 

There  were  no  reported  cases  of  disappearance  for  political 
motives. 

c.  Torture  and  Cruel,  Inhuman,  or  Degrading  Treatment  or 
Punishment 

The  practice  of  beating  suspects  at  police  stations  and  at 
state  security  centers  in  the  course  of  interrogations  is  not 
uncommon.   Neither  is  it  uncommon  for  the  public  or  the  police 
to  beat  thieves  who  have  been  caught  in  the  act  of  stealing. 

Political  prisoners  are  held  incommunicado,  and  it  is 
reasonable  to  assume  that  torture  is  used  to  extract 
information  desired  by  the  police  that  is  not  freely  given. 
Several  political  prisoners  held  incommunicado  in  the  past  have 
since  been  freed  and  are  now  leading  normal  lives  with  no 
apparent  ill  effects.   Some  have  managed  to  regain  their 
earlier  status  and  are  serving  as  government  ministers.   In 
1986  there  were  no  confirmed  reports  of  torture  of  political 
prisoners  who  were  held  incommunicado.   However,  during  the 
bombing  trial  in  August,  one  defendant  alleged  in  court  that  he 
had  been  tortured  while  in  detention,  and  another  defendant 
retracted  statements  he  claimed  to  have  made  under  duress. 
Amnesty  International's  1986  Report  noted  that  some  detainees 
held  by  the  DSGE  in  1985  had  reportedly  been  subjected  to  mock 
executions  and  repeated  severe  beatings.   On  October  1,  Amnesty 
repeated  its  expressions  of  concern  regarding  "continuing 
reports  of  torture"  in  the  Congo. 

Prison  conditions  in  general  are  poor,  and  there  is  a  lack  of 
adequate  food,  hygiene,  and  medical  care.   Both  detainees  and 
prisoners  may  be  visited  by  family  or  friends  who  bear  the 
responsibility  for  providing  food,  medicines,  etc. 

d.  Arbitrary  Arrest,  Detention,  or  Exile 

Whereas  the  Constitution  guarantees  protection  against 
arbitrary  indictment,  arrest,  and  detention,  in  practice  a 
warrant  is  not  required  to  make  arrests.   There  is  a  legal 
requirement  that  a  detainee  be  brought  before  an  investigating 
judge  within  3  days  of  arrest.   The  judge  may  then  order 
detention  for  a  maximum  period  of  6  months  after  which  the 
detainee  must  be  charged  or  released.   However,  this  law  does 
not  apply  in  cases  involving  the  security  of  the  State,  and 
some  political  detainees  have  been  held  for  long  periods 
without  trial.   Persons  detained  for  nonpolitical  offenses  are 
entitled  to  an  attorney.   Despite  the  Government's  steps  to 
increase  the  nvmiber  of  magistrates  and  to  improve  the 
processing  of  cases,  the  administrative  processing  of  cases  is 
slow,  and  persons  awaiting  trial  are  often  detained  for 
considerable  periods,  even  in  nonpolitical  cases.   There  is  no 
independent  bar  association.   At  the  time  of  trial,  the 
defendant  has  the  right  to  a  lawyer;  all  lawyers  are  under  the 
general  authority  of  the  Government.   In  criminal  cases, 
defense  lawyers  are  provided  by  the  Government  for  those 
without  funds . 

Whether  a  detainee  is  formally  charged  usually  depends  upon  the 
seriousness  of  the  crime  and  the  economic  situation  of  the 
family.   For  lesser  crimes,  the  person  is  usually  taken  to 
jail,  where  he  may  be  beaten  and  held  for  a  few  days,  then 
released  on  bail  pending  a  trial,  which  may  or  may  not  ever 


77 


CONGO 

take  place.  A  person  accused  of  a  serious  crime  (e.g.,  murder, 
rape)  is  held  in  prison  until  the  trial,  which  may  be  months  or 
even  years  later. 

There  is  no  known  forced  labor  in  the  Congo. 

e.   Denial  of  Fair  Public  Trial 

The  legal  system  is  not  insulated  from  political  interference. 
The  Constitution  provides  for  a  Supreme  Court  which  is  in 
practice  an  arm  of  the  executive  rather  than  an  independent 
body.   The  amended  Constitution  also  provides  for 
nonprofessional  judges  to  be  elected  to  all  courts  below  the 
Supreme  Court.   The  stated  purpose  of  this  change  was  to 
"popularize  justice",  i.e.,  provide  a  role  for  tribal  or 
regional  peers  to  influence  the  formal  judicial  process. 
According  to  the  law,  any  Congolese  citizen  may  now  become  a 
judge  but  can  adjudicate  cases  only  in  collaboration  with 
trained  judges.   Each  nomination  must  be  approved  by  the  party. 

By  law,  the  right  to  a  fair  and  public  trial  exists  in  all 
cases,  and  the  judicial  process  is  relatively  fair  and  open  for 
those  accused  of  common  crimes.   Also,  it  is  not  uncommon  to 
have  a  higher  court  reverse  lower  court  decisions  in 
nonpolitical  cases. 

According  to  the  Congolese  Government,  there  are  no  political 
prisoners  in  the  Congo.   Ten  persons  cited  by  Amnesty 
International  as  political  prisoners  being  held  incommunicado 
in  1985  were  tried  in  August  1986  and  were  convicted  of  crimes 
associated  with  two  acts  of  terrorism  (bombing)  in  mid-1982. 
Two  of  the  defendants,  Jean-Pierre  Thystere-Tchicaya  and 
Claude-Ernest  Ndalla,  were  formerly  senior  government 
officials.   The  former  received  a  5-year  suspended  sentence, 
while  the  latter,  who  admitted  having  been  in  possession  of 
illegal  explosives,  was  sentenced  to  death.   This  death 
sentence  had  not  been  carried  out  by  the  end  of  1986.   The 
other  defendants  received  sentences  ranging  from  10  to  20  years 
in  prison.   The  trial  was  held  in  the  Revolutionary  Court,  a 
special  court  with  jurisdiction  over  political  cases.   There 
was  no  right  of  appeal.   Virtually  all  of  the  proceedings  of 
the  trial  were  televised  live.   The  attorneys  for  the 
defendants  were  quite  vigorous  and  apparently  competent  in  the 
defense  of  their  clients.   On  several  occasions,  they  publicly 
chided  the  Government  for  illegal  practices,  including  torture 
and  coercion,  in  its  prosecution  of  the  case.   With  the 
completion  of  the  trial,  there  were  no  other  known  political 
detainees  in  Congo. 

f.   Arbitrary  Interference  with  Privacy,  Family,  Home,  or 
Correspondence 

There  is  little  interference  by  the  Government  with  privacy, 
family,  home,  or  correspondence.   Citizens  are  not  forced  to 
participate  in  the  party  or  its  organs.   In  general,  so  long  as 
a  person  does  not  engage  in  any  activity  which  involves  or 
implies  opposition  to  the  Government,  he  is  not  oppressed  or 
harassed. 

Section  2  Respect  for  Civil  Liberties,  Including: 

a.   Freedom  of  Speech  and  Press 

Freedom  of  speech  and  press  are  restricted,  despite  guarantees 
in  the  Constitution.   The  State  owns  and  controls  the  media 


78 


CONGO 

except  for  one  weekly  religious  newspaper.   The  Government 
allows  some  domestic  criticism  of  policies  and  programs  judged 
not  to  be  politically  sensitive,  but  it  does  not  allow  its 
ultimate  authority  to  be  challenged  publicly.   Journalists  may 
raise  issues  and  concerns  only  within  general  guidelines  laid 
down  by  the  Government  and  the  party.   The  Government/party  is 
selective  in  the  kinds  of  news  and  information  it  permits 
Congolese  journalists  to  publish  from  various  outside  sources 
of  information.   Television  viewers  have  access  to  Zairian 
media  programs.   A  State  censorship  board  reviews  the  content 
of  newspapers,  movies,  books,  and  records.   Publications  are 
subject  to  censorship  if  they  contain  critical  articles.   For 
example,  one  issue  of  a  church  newspaper  was  seized  and  burned 
as  a  result  of  some  mild  criticism  of  the  Third  Party  Congress, 
and  a  warning  to  the  church  was  later  published  in  the  party's 
official  organ.   While  the  Government  controls  the  local  press, 
foreign  journalists  are  generally  permitted  to  travel  freely 
once  an  entry  visa  and  a  special  permit  for  travel  to  the 
interior  are  obtained.   These  are  usually  granted. 

b.  Freedom  of  Peaceful  Assembly  and  Association 

The  right  of  peaceful  assembly  is  limited  by  the  State's 
perceived  self-interest.   Political  meetings  are  permitted  only 
for  the  party  and  its  organizations.   Government  permission  is 
not  required  for  groups  to  assemble  for  religious  and  social 
purposes  but  is  required  for  use  of  official  facilities. 
Government  authorization  is  also  required  to  establish 
professional  clubs  and  organizations,  of  which  there  are 
several . 

The  labor  code  adopted  in  March  1975  is  quite  liberal  in 
theory,  and  guarantees  the  right  of  association.   However, 
given  its  past  active  political  role,  the  labor  movement  is 
closely  scrutinized  and  controlled  by  the  Government  and 
party.   In  practice,  the  party  controls  the  unions,  largely 
through  the  umbrella  union,  the  Congolese  Trade  Union 
Confederation  (CTUC),  which  is  an  appendage  of  the  party.   The 
party  approves  the  national  leadership  of  the  CTUC.   No  group 
is  allowed  to  form  an  independent,  alternative  union  outside 
the  party,  which  led  to  a  complaint  to  the  International  Labor 
Organization  (ILO)  that  the  Congo  was  not  observing  the 
Convention  on  Freedom  of  Association  (No.  87).   The  CTUC  is 
represented  in  every  ministry  and  state  owned  enterprise  and 
serves  on  mandatory  boards  which  include  a  union  representative 
along  with  a  member  of  the  Government  and  the  party.   Known  as 
the  "determinant  trilogy,"  this  structure  is  responsible  for 
ensuring  that  the  three  major  points  of  view  are  represented  in 
the  decisionmaking  process  and  serves  as  the  Congo's  form  of 
collective  bargaining.   The  CTUC  unions  are  prohibited  from 
striking,  although  wildcat  strikes  do  occur  with  relative 
impunity.   The  local  unions  within  the  Confederation  have  been 
able  in  some  instances  to  persuade  the  Government  to  provide 
workers  with  increased  benefits.   As  long  as  political  subjects 
are  avoided,  there  is  also  a  certain  degree  of  democratic 
dialogue  within  the  labor  movement  and  with  the  Government. 
The  CTUC  maintains  relations  with  recognized  international 
organizations  such  as  the  ILO. 

c.  Freedom  of  Religion 

Freedom  of  religion  is  guaranteed  by  law.   In  practice,  party 
members  are  prohibited  from  practicing  any  religion.   Religious 
organizations  (churches,  the  Salvation  Army,  etc.)  must  obtain 


79 


CONGO 

the  Government's  permission  to  work  in  the  Congo.   Jehovah's 
Witnesses,  for  example,  are  not  permitted  in  the  Congo, 
allegedly  because  Witnesses  do  not  recognize  the  authority  of 
the  State.   With  these  exceptions,  the  party  does  not  normally 
interfere  in  religious  affairs.   The  Catholic  Church,  the 
largest  congregation,  maintains  a  seminary  for  the  training  of 
its  clergy  and  has  missions  throughout  the  country.   Masses  are 
held  in  the  various  local  languages  as  well  as  in  French.   The 
Catholic  Church  publishes  the  only  independent  newspaper.  La 
Semaine  Africaine.   Catholic  and  other  missionaries  are  active 
in  running  private  missions  and  clinics  and  provide  other 
social  services.   While  some  of  these  services  are  joint 
ventures  between  church  and  government,  many  of  the  services 
formerly  provided  by  churches  have  been  abolished.   The 
Government  is  officially  atheist.   Christmas  Day  is  called 
Children's  Day. 

d.   Freedom  of  Movement  Within  the  Country,  Foreign 
Travel,  Emigration,  and  Repatriation 

The  Government  exercises  limited  control  over  the  internal 
movement  of  its  citizens  through  identification  card  checks. 
There  are  control  points  in  Brazzaville  manned  by  soldiers  who 
occasionally  open  fire  on  people  who  fail  to  follow  their 
instructions  or  who  inadvertently  drive  into  restricted  zones 
at  night.   Congolese  citizens  who  wish  to  travel  abroad  require 
exit  authorization  from  the  Office  of  State  Security.   For  most 
citizens  this  is  a  fairly  routine  process.   However,  those  who 
are  suspected  of  traveling  for  political  motives  encounter 
obstacles  in  obtaining  such  authorization.   Government 
employees  traveling  abroad  must  obtain  permission  from  the 
appropriate  government  office.   Passports  must  be  returned  to 
the  Office  of  State  Security  after  the  traveler's  return  from 
abroad . 

The  Government  exercises  tight  control  over  travel  by 
foreigners  in  the  Congo.   Most  visas  are  for  one  entry  only, 
exit  visas  are  required  for  nondiplomats ,  and  those  desiring  to 
travel  into  the  interior  must  obtain  permission  from  the 
appropriate  ministry. 

There  have  been  no  known  instances  of  Congolese  being  refused 
the  right  to  return  to  their  country.   Citizenship  may  be  lost 
under  conditions  established  in  the  nationality  code.   For 
example,  citizenship  may  be  lost  by  taking  citizenship  in 
another  country  or  for  conviction  of  espionage.   There  are  no 
known  cases  of  a  native-born  Congolese  being  denied  citizenship 
as  a  punishment. 

The  Congo  is  the  home  of  about  1,200  exiles  and  refugees, 
mostly  from  surrounding  central  African  states.   While  refugees 
are  subject  to  surveillance  and  occasional  harassment  by  the 
Government,  there  were  no  cases  of  forcible  repatriation  in 
1986.   The  Congo  is  a  signatory  to  the  U.N.  Convention  and 
Protocol  Relating  to  the  Status  of  Refugees,  and  a 
representative  of  the  United  Nations  High  Commissioner  for 
Refugees  is  resident  in  Brazzaville.   Amnesty  International  has 
expressed  concern  over  the  1985  detention  without  trial  of 
several  Zairian  asylum-seekers,  including  Antoine  Gizenga,  a 
former  Deputy  Prime  Minister  of  Zaire. 


80 


CONGO 

Section  3   Respect  for  Political  Rights:   the  Right  of  Citizens 
to  Change  Their  Government 

While  the  President  is  the  most  powerful  single  person  in  the 
Government,  his  authority  is  limited  by  his  need  to  maintain  a 
consensus  in  the  political  bureau  of  the  party.   The  balance  of 
power  in  the  political  bureau  and  in  the  larger  central 
committee  is  held  by  northerners  to  the  detriment  of  the  far 
more  numerous  southerners.   Military  officers  occupy  key 
positions  among  the  ruling  group  and  help  ensure  its 
continuation  in  power. 

The  Congolese  people  do  not  have  the  right  to  change  their 
Government  through  democratic  processes.   Opportunities  for 
political  involvement  by  Congolese  citizens  are  limited  to  the 
Congolese  Labor  Party,  including  its  "mass"  organizations,  and 
to  participation  in  the  national,  regional,  and  local 
assemblies.   No  other  political  parties  are  permitted  to 
operate.   Party  membership,  which  numbers  approximately  8,700 
out  of  a  total  population  of  almost  2  million,  is  highly 
controlled  and  membership  is  awarded  on  the  basis  of  loyalty 
and  political  performance. 

While  the  Third  Party  Congress  in  1984  declared  the  National 
Assembly  the  supreme  organ  of  state,  its  powers  are  in  fact 
limited.   The  national,  regional,  and  local  assemblies  are 
"elected"  from  single-party  approved  lists.   Such  lists  present 
only  one  candidate  for  each  position  to  be  filled.  However,  the 
candidate  selection  process  can  involve  a  certain  amount  of 
give  and  take,  and  incumbents  have  been  turned  out  of  office  in 
the  process.   Representatives  of  the  National  Assembly  are 
chosen  from  all  walks  of  life,  including  from  traditional 
leaders,  small  farmers,  and  workers.   The  Assembly  has  some 
impact  on  social  and  economic  issues,  and  assemblies  at  the 
local  and  regional  levels  may  discuss  issues  before  the 
decisions  are  made  at  the  national  level. 

Section  4   Governmental  Attitude  Regarding  International  and 

Nongovernmental  Investigation  of  Alleged  Violations 
of  Human  Rights 

There  are  no  human  rights  organizations  in  the  Congo.   Amnesty 
International  was  permitted  to  send  observers  to  the  1986 
bombing  trial . 

Section  5   Discrimination  Based  on  Race,  Sex,  Religion, 
Language,  or  Social  Status 

Under  the  Constitution  there  is  no  official  discrimination 
based  on  race,  sex,  religion,  language,  or  social  status.   As 
noted,  northerners  carry  disproportionate  influence  in  the 
political  and  security  organs.   Women  have  the  same  rights  as 
men  in  the  private,  political,  and  social  domains.   There  is  a 
large  disparity  in  practice,  however,  between  salaries  for  men 
and  women,  and  women  are  relegated  to  a  secondary  role  in  the 
modern  sectors  of  society.   In  traditional  society,  women  are 
often  the  chief  decisionmakers.   Five  women  are  members  of  the 
party's  75-member  central  committee,  and  one  is  Minister  of 
Basic  Education  and  Literacy,  the  only  woman  in  the  27-member 
Cabinet.   This  latter  position  is  important  as  the  Congo 
historically  has  stressed  the  importance  of  literacy  and 
devotes  almost  a  third  of  its  budget  to  education. 


81 


CONGO 


CONDITIONS  OF  LABOR 

Revenues  from  oil  production  allow  the  Governnient  to  employ 
large  numbers  of  Congolese  for  various  governnient  organizations 
including  state  corporations.   Working  conditions  for  Congolese 
in  the  modern  sector  are  generally  good.   These  include  a 
minimum  working  age  of  16,  a  maximum  40-hour  workweek,  at  least 
1  day  of  rest  per  week,  family  benefits,  and  medical  aid. 
However,  there  is  no  social  security,  and  the  minimum  hourly 
wage  is  $0.34  for  city  employees  and  $0.29  for  agricultural 
workers.   Domestic  workers  must  be  paid  at  least  $60  monthly. 
There  is  a  code  of  occupational  safety  and  health,  although  it 
is  probably  not  enforced.   While  many  Congolese  have  a 
generally  high  standard  of  working  conditions  and  social 
benefits,  most  of  the  population  is  still  engaged  in 
subsistence  farming. 


82 


U.S.OVERSeaS  -LOANS  AND  GRANTS-  OBLIGATIONS  AND  LOAN  AUTHORIZATIONS 
(U.S. FISCAL  YEARS  -  MILLIONS  OF  DOLLARS) 


COJNTRy:  CONGOx  REP.  OF 


1  984 


1985 


1986 


I.ECON. 
LO 
GR 
A.  AID 
LO 
GR 
(SEC 
iJ.FOOO 
LO 
GR 
TITLE 
REPAY 
»AY. 
TITLE 
E.REL 
VDL.R 
C.OTHE 
LO 
GR 


ASSIST. -TOTAL, 

ANS. 

ANTS 


ANS 

ANTS 

.SUPP. ASSIST.) ... 

FOR  PEACE 

ANS 

ANTS 

I-TOTAL 

.  IN  S-LOANS 

IN  FOR.  CURR 

II-TCTAL 

lEF.EC.DEV  i  WFP, 

ELIEF  AGENCr 

R  ECON.  ASSIST... 

ANS 

ANTS 

PEACE  CORPS 

NARCOTICS 

OTHER 


II.MIL.  ASSIST. -TOTAL 

LOANS , 

GRANTS , 

A. MAP  GRANTS 

3. CREDIT  FINANCING., 
C.INTL  MIL. EO.TRNG. , 
D.TRAN-EXCESS  STOCK, 
E. OTHER  GRANTS , 


III. TOTAL  ECON.  3  MIL. 

LOANS 

GRANTS , 


1.0 

1.4 

0.7 

0.0 

0.0 

0.0 

1.0 

1.4 

0.7 

1.3 

1.2 

3.7 

0.0 

3.0 

0.0 

1.0 

1.2 

0.7 

0.0 

0.0 

0.0 

O.D 

3.2 

0.0 

0.0 

3.0 

0.0 

0.0 

0.2 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.2 

0.0 

0.0 

0.2 

0.0 

0.0 

0.0 

0.0 

0.0 

3.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

3.0 

0.0 

o-.o 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.3 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

3.0 

0.0 

0.0 

0.0 

0.0 

1.0 

1  .4 

0.7 

0.0 

3.0 

0.0 

1.0 

1.4 

0.7 

OTHER  US  LOANS..., 
EX-IM  BANK  LOANS. 
ALL  OTHER 


33.8 

33.3 

0.0 


12.1 

12.1 

0.0 


0.0 

0.0 
0.0 


ASSISTANCE  FROM  INTERNATIONAL  AGENCIES 
1934      1935      1936 


1946-86 


TOTAL 

7.3 

3.2 

26.8 

366.8 

ISRO 

0.0 

0.0 

o'.o 

111.7 

IFC 

1.5 

0.0 

2.7 

7.9 

IDA 

0.0 

0.0 

0.0 

74.0 

ID3 

0.0 

0.0 

0.0 

0.0 

AD3 

0.0 

0.0 

0.0 

0.0 

ArOB 

3.0 

2.3 

0.0 

36.0 

UNDP 

1.8 

0.9 

0.0 

27.0 

OTHER-UN 

3.0 

0.0 

0.0 

2.5 

ee: 

i.O 

0.0 

24.1 

107.7 

83 


COTE  D'lVOIRE 


Cote  d'lvoire,  a  former  French  colony  which  gained  independence 
through  a  peaceful  transfer  of  power  in  1960,  is  a  one-party 
state  with  a  civilian  government.   Power  is  concentrated  in 
the  Democratic  Party  of  Cote  d'lvoire  (PCDI)  and  its  long-time 
leader.  President  Felix  Houphouet-Boigny,  now  81  years  old. 
Although  the  freedom  to  form  other  parties  is  guaranteed  by 
the  Constitution,  in  practice  no  other  party  has  been  allowed 
to  participate  in  the  political  process.   More  open  discussion 
of  government  policies  has  been  permitted  since  the  country's 
first  competitive  elections  in  1980  for  PCDI,  municipal,  and 
legislative  positions.   Membership  in  the  party  organs,  the 
number  of  municipalities  which  have  elected  leadership,  and 
the  representation  in  the  National  Assembly  have  all  steadily 
expanded  in  the  last  26  years  to  reflect  the  growth  and 
diversity  of  the  Ivorian  population.   However,  the  unicameral 
National  Assembly  has  never  publicly  challenged  a  policy  put 
forth  by  the  executive  branch. 

The  Ministry  of  Internal  Security  includes  the  Surete  National 
and  the  Gendarmerie,  the  national  police  service  structured 
along  French  lines.  The  Surete  has  an  arm  tasked  with 
intelligence  gathering  and  counterespionage  responsibilities. 
The  Gendarmerie  is  responsible  for  territorial  security, 
especially  in  the  rural  areas. 

Cote  d'lvoire  has  enjoyed  considerable  economic  development 
since  independence,  but  poverty  still  prevails  in  much  of  the 
country.   The  Ivorian  economy  is  market-oriented  and  open  to 
foreign  investment.   During  the  1980s  Cote  d'lvoire  has  been 
squeezed  by  a  heavy  debt  burden  and  flat  prices  for  its  exports 
on  world  markets.   In  response,  the  Government  introduced 
austerity  measures  to  offset  reduced  revenues.   Gross  domestic 
product  rose  by  4 . 7  percent  in  real  terms  in  1985. 

The  human  rights  situation  in  Cote  d'lvoire  remained  generally 
satisfactory.   The  President  continued  to  advocate  "dialog"  in 
settling  disputes,  generally  seeking  to  involve  dissenters  in 
the  operation  of  the  one-party  structure  rather  than  to  isolate 
them.   There  are  no  known  political  prisoners,  and  there  have 
been  no  known  executions  of  political  opponents.   Detainees, 
especially  non-Ivorian  Africans,  are  routinely  treated  roughly 
by  the  Surete  National  and  the  Gendarmerie  upon  arrest. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1   Respect  for  the  Integrity  of  the  Person,  Including 
Freedom  from: 

a.  Political  Killing 

There  have  never  been  reports  of  officially  sanctioned 
political  killings. 

b.  Disappearance 

There  were  no  reports  of  officially  sanctioned  abduction  or 
disappearance . 

c.  Torture  and  Cruel,  Inhuman,  or  Degrading  Treatment  or 
Punishment 

The  Ivorian  penal  code  prohibits  official  violence  without 
legitimate  justification.   The  code  does  not,  however, 
specifically  mention  or  prohibit  torture  nor  does  it  define 


84 


COTE  D' IVOIRE 

what  constitutes  "legitimate  justification"  or  the  level  of 
violence  officials  may  use  if  "justified".   There  were  no 
reports  of  torture  during  1986,  and  systematic  cruel,  inhuman, 
or  degrading  treatment  of  persons  or  prison  inmates  is  not 
thought  to  occur.   Foreign  Africans  are  treated  more  roughly 
by  police  on  arrest  than  are  Ivorians.   Prisoners  are  allowed 
visits  from  attorneys  of  their  choice  and  from  family  members, 
who  must  provide  food  to  supplement  the  sparse  prison  diet. 
Prisons  are  crowded  and  conditions  are  poor.   Sanitation  and 
medical  facilities  are  minimal. 

d.  Arbitrary  Arrest,  Detention,  or  Exile 

The  Ivorian  Constitution  and  pertinent  statutes  prohibit 
arbitrary  arrest  or  imprisonment.   However,  the  Government  has 
occasionally  detained  persons  considered  a  threat  to  internal 
security.   It  also  takes  firm  nonviolent  measures  against  acts 
it  considers  threats  to  internal  security.   The  Government  has 
used  the  threat  of  forced  conscription  to  discourage  student 
involvement  in  antigovernment  activities.   Some  prominent 
critics  of  the  Government  have  chosen  to  live  and  write 
elsewhere;  on  the  other  hand,  political  exiles  from  a  number 
of  countries  have  found  Cote  d'lvoire  a  hospitable  safehaven. 

Under  the  Ivorian  penal  code,  a  public  prosecutor  can  order 
the  detention  of  a  suspect  for  up  to  48  hours  without  bringing 
charges.   The  code  dictates  that  further  detention  must  be 
ordered  by  a  magistrate  who  can  authorize  periods  of  up  to  4 
months  but  must  provide  the  Minister  of  Justice,  on  a  monthly 
basis,  with  a  written  justification  for  continued  detention. 
There  have  been  no  reports  that  officials  failed  to  adhere  to 
these  legal  guidelines. 

There  is  no  forced  labor  in  Cote  d'lvoire. 

e.  Denial  of  Fair  Public  Trial 

Ivorian  law  establishes  the  right  to  a  fair  public  trial.   This 
provision  is  generally  respected  in  urban  areas.   In  rural 
areas,  justice  is  often  administered  at  the  village  level 
through  traditional  institutions.   These  are  increasingly 
superceded  by  the  formal  judicial  system  and  are  increasingly 
confined  to  purely  local  questions  such  as  domestic  disputes, 
minor  land  questions  and  family  law.   Dispute  resolution  is  by 
extended  debate,  with  no  known  resort  to  physical  or  similar 
punishment.   There  is  general  agreement  that  the  judicial 
system  is  independent  of  the  executive  m  practice  as  well 
under  the  Constitution's  separation  of  powers.   Defendants 
accused  of  felonies  or  capital  crimes  have  the  right  to  legal 
counsel,  and  the  judicial  system  provides  for  court-appointed 
attorneys  for  indigent  defendants.   In  practice,  however,  such 
attorneys  are  not  readily  available.   The  Court  of  Appeals 
reviews  verdicts  of  civilian  courts.   Civilians  are  not  tried 
by  military  courts.   There  are  no  appellate  courts  within  the 
military  justice  system.   Persons  convicted  by  a  military 
tribunal  occasionally  request  the  Supreme  Court  to  set  aside 
the  tribunal's  verdict  and  order  a  retrial. 

Cote  d'lvoire  marked  its  25th  anniversary  of  independence  on 
Decertiber  7,  1985,  by  releasing  9,500  of  its  13,000  convicted 
prisoners.   Prisoners  involved  in  violent  crimes  and  armed 
robbery  were  reportedly  not  included  in  the  amnesty. 


85 


COTE  D ' IVOIRE 

f.   Arbitrary  Interference  with  Privacy,  Family,  Home,  or 
Correspondence 

With  a  few  exceptions,  all  Ivorian  citizens  are  considered  to 
be  members  of  the  PDCI .   Party  regulations  call  for  active 
participation  in  party  activities  and  payment  of  dues;  however, 
these  regulations  are  not  strictly  enforced.   Ivorians  who 
choose  not  to  participate  do  not  suffer  retaliation.   It  is  not 
known  what  percentage  of  the  population  actively  participates 
in  the  party.   The  code  of  penal  procedures  specifies  that  a 
police  official  or  investigative  magistrate  may  conduct 
searches  of  homes  without  a  warrant  if  there  is  reason  to 
believe  there  is  evidence  concerning  a  crime  on  the  premises. 
The  official  must  have  the  prosecutor's  agreement  to  retain 
any  objects  seized  in  the  search.   He  is  required  to  have 
witnesses  to  the  search,  which  may  not  take  place  between  the 
hours  of  9  p.m.  and  4  a.m.   Legal  safeguards  against  arbitrary 
searches  are  generally  respected  in  urban  areas  but  are 
sometimes  ignored  in  the  countryside. 

In  the  past  there  have  been  scattered  reports  of  forced  entry 
or  other  violations  of  the  home,  specifically  involving 
foreign  Africans.   There  is  no  evidence  that  correspondence 
and  telephone  conversations  have  been  monitored. 

Section  2  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press 

There  is  a  limited  range  of  free  expression  in  Cote  d'lvoire. 
Critics  of  the  Government  feel  free  to,  and  do,  express 
themselves  in  informal  situations  without  fear  of  reprisal. 
Public  criticism  of  basic  government  policies,  the  party,  or 
the  President,  however,  rarely  occurs.   Limits — such  as  the 
cancelation  of  gatherings — are  occasionally  placed  on  the 
expression  of  controversial  views  in  public  forums.   As  a 
result  of  1982  student  disorders,  only  apolitical  gatherings 
are  now  permitted  on  campus,  but  students  still  speak  freely 
about  politics  in  informal  situations. 

The  country  has  one  privately  owned  daily  newspaper;  its 
editorial  opinion  follows  the  policies  of  the  PCDI .   The  one 
weekly  newsmagazine  is  controlled  by  the  party.   The 
publishing  of  additional  nongovernment  publications  is  not 
prohibited.   The  Ministry  of  Information,  Culture,  Youth  and 
Sports  operates  radio,  television,  and  a  wire  service. 
Government  policy  assigns  the  media  a  positive  role  in 
promoting  national  unity  and  development.   It  allows  criticism 
of  failures  to  execute  policy  but  not  criticism  of  the 
policies  themselves.   Investigative  journalism  is  permitted 
except  with  respect  to  the  Government  and  its  policies.   The 
Government  has  occasionally  banned  a  critical  publication, 
such  as  Islam  and  Cote  d'lvoire.   Foreign  publications  are 
readily  available,  but  occasionally  issues  which  are 
particularly  critical  of  the  Ivorian  Government,  the  party,  or 
the  President  are  seized.   In  July  1986,  the  Government 
brought  to  the  French  Government's  attention  its  displeasure 
with  two  Paris  publications  which  were  critical  of  the  Ivorian 
leadership. 

b.  Freedom  of  Peaceful  Assembly  and  Association 

Freedom  of  assembly  is  generally  respected,  except  when  the 
Government  perceives  a  significant  and  immediate  danger  to 
public  order.   In  such  infrequent  cases,  the  Government 


86 


COTE  D ' IVOIRE 

prohibits  meetings  and  arrests  persons  who  disregard  its 
orders,  as  for  example  in  1985  when  students  staged  public 
demonstrations  to  protest  against  a  drop  in  scholarship  aid. 
The  vast  majority  of  those  arrested  were  released  shortly 
thereafter.   There  is  no  history  or  tradition  of  assembly  for 
purely  political  purposes  outside  the  established  party 
structure . 

The  majority  of  unions  are  organized  and  directed  by  a 
government-sponsored  union  confederation,  the  General  Union  of 
Cote  d'lvoire  Workers  (UGTCI) ,  the  leader  of  which  occupies  a 
senior  position  in  the  party  hierarchy.   Union  membership  is 
encouraged  but  not  mandatory.   The  UGTCI  is  a  relatively 
passive  coordination  mechanism  rather  than  an  active  force  for 
workers'  rights.   The  UGTCI  secretariat,  however,  often  plays 
a  mediation/conciliation  role  in  relations  between  labor  and 
management  in  individual  businesses.   The  UGTCI  also  has 
representatives  in  every  major  business  enterprise. 
Collective  bargaining  within  each  company  takes  place  under 
its  leadership 

The  right  to  strike  exists  under  statute,  but  in  practice 
strikes  are  rarely  authorized  by  the  UGTCI.   The  1983  secondary 
teachers'  strike  was  broken  by  a  presidential  decree  ordering 
teachers  back  to  the  classrooms  and  threatening  them  with 
fines  and  prison  sentences  for  noncompliance.   Generally,  the 
Government  negotiates  with  strikers  and  resolves  at  least  some 
of  their  economic  grievances.   There  have  been  no  reports  that 
professional  groups  have  experienced  persecution  or  harassment. 
The  Government,  however,  attempts  to  bring  such  groups  under 
its  wing  or  that  of  the  party  so  as  to  exercise  control  over 
their  activities.   Unions,  trade  associations,  and  professional 
bodies  are  permitted  to  maintain  relations  with  recognized 
international  professional  bodies  in  their  fields.   The  UGTCI 
is  a  member  of  the  continent-wide  Organization  of  African  Trade 
Union  Unity.   Cote  d'lvoire  is  a  member-state  of  the 
International  Labor  Organization  (ILO),  and  the  UGTCI 
participates  in  the  Ivorian  delegations  to  ILO  conferences  and 
events . 

c.  Freedom  of  Religion 

There  are  no  known  impediments  to  religious  expression.   There 
is  no  dominant  religion,  and  no  particular  faith  is  favored  by 
the  Government.   The  open  practice  of  religion  is  permitted, 
and  there  are  no  restrictions  on  religious  ceremonies  or 
teaching.   The  most  lucrative  government  and  private  sector 
jobs  seem  to  be  concentrated  among  the  minority  Muslim 
(25  percent)  and  Christian  (15  percent)  populations,  a 
phenomenon  attributable  more  to  urbanization  and  access  to 
education  than  to  a  systematic  pattern  of  discrimination. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign 
Travel,  Emigration,  and  Repatriation 

The  Ivorian  Government  exercises  minimal  control  over  domestic 
travel,  but  internal  roadblocks  for  identity  checks  are 
common.   Ivorians  can  travel  abroad  freely  and  can  emigrate 
without  discrimination.   Ivorians  have  the  right  of  voluntary 
repatriation.   There  are  no  known  cases  of  revocation  of 
citizenship. 

Cote  d'lvoire's  refugee  and  asylum  practices  are  liberal.   The 
country  has  resettled  or  granted  safehaven  to  Angolans, 
Burkinabe,  Eritreans,  Ghanaians,  Guineans,  Liber ians,  and 


87 


COTE  D' IVOIRE 

Vietnamese.   While  in  Cote  d'lvoire,  they  receive  1-year 
renewable  resident  visas  for  their  first  5  years  in  the 
country,  after  which  they  may  apply  for  permanent  residence. 
Cote  d'lvoire  does  not  take  any  significant  responsibility  for 
the  economic  and  social  welfare  of  refugees,  which  becomes  the 
concern  of  private  and  international  organizations. 

Section  3   Respect  for  Political  Rights:   The  Right  of  Citizens 
to  Change  Their  Government 

Political  participation  is  limited  to  the  PDCI  which  is  headed 
by  President  Houphouet-Boigny .   No  opposition  groups  exist 
openly,  and  their  formation  is  discouraged.   Within  the  party, 
the  President  operates  through  a  10-member  executive  committee, 
a  58-member  political  bureau,  and  a  206-member  steering 
committee.   Political  power  is  concentrated  in  the  President's 
hands,  and  most  important  decisions  are  made  by  the  President 
himself.   Though  legally  empowered  to  do  so,  the  National 
Assembly  does  not  initiate  legislation  but  only  acts  to  confirm 
legislative  initiatives  received  from  the  President.   It  has 
not  publicly  challenged  a  single  government  policy  or 
initiative  to  date. 

Within  this  strictly  observed  one-party  system,  the  Ivorian 
Government  continues  to  encourage  more  open  participation  in 
the  political  process  by  expanding  the  size  of  the  party 
institutions  and  by  permitting  party  member  to  contest 
legislative,  municipal,  and  local  party  elections.   In  the 
case  of  the  1985  legislative  elections,  approximately 
577  individuals  ran  for  the  175-seat  National  Assembly.   Beyond 
the  injunction  to  possess  good  character  and  certain  age 
restrictions,  the  1985  elections  were  open  to  virtually  all 
would-be  contestants.   The  party  played  no  role  in  choosing 
candidates  or  administering  the  elections.   Intense  competition 
took  place  in  all  three  elections  and  all  citizens  were 
eligible  to  vote.   Many  incumbents  were  defeated. 

Section  4   Governmental  Attitude  Regarding  International  and 

Nongovernmental  Investigation  of  Alleged  Violations 
of  Human  Rights 

The  Government  has  been  cooperative  toward  inquiries  into  its 
human  rights  situation,  the  last  of  which  occurred  in  1981. 
Cote  d'lvoire  has  a  local  chapter  of  Amnesty  International. 

Section  5  Discrimination  Based  on  Race,  Sex,  Religion, 
Language,  or  Social  Status 

There  is  no  apparent  discrimination  based  on  race,  sex, 
religion,  language  or  social  status.   All  religions  are 
represented  at  top  levels  of  government  and  throughout  society. 
Although  French  is  the  official  language  and  the  language  of 
instruction,  radio  and  television  broadcasts  are  provided  in 
major  local  languages.   Social  and  economic  mobility  are  not 
limited  by  policy  or  custom. 

Although  males  clearly  play  the  preponderant  role  overall, 
some  Ivorian  traditional  societies  accord  women  considerable 
political  and  economic  power.   Nonetheless,  in  rural  areas 
tribal  customs  dictate  the  division  of  menial  tasks,  which  are 
performed  mostly  by  women.   Female  circumcision  continues  to 
be  practiced  among  elements  of  the  Ivorian  population,  although 
it  is  rare  in  urban  populations.   Official  party  policy  is  to 
encourage  full  participation  by  women  in  social,  economic,  and 
political  life.   The  role  of  women  has  recently  won  somewhat 


66-986  0-87-4 


88 


COTE  D' IVOIRE 

greater  prominence.   In  July  1986,  the  President  appointed  a 
new  Minister  for  Women's  Affairs,  a  cabinet-level  position 
first  created  in  1976  but  which  had  been  vacant  for  almost 
2  years.   Women  remain  lightly  represented  at  the  higher  levels 
of  government  and  the  party.   Ten  women  are  deputies  in  the 
175-seat  National  Assembly  and  28  women  are  members  of  the 
202-member  Steering  Committee  of  the  PDCI .   Non-Ivorian 
Africans  living  in  the  Cote  d'lvoire  are  estimated  at  over 
2  million,  half  of  whom  are  from  Burkina  Faso  and  the  rest 
from  other  nearby  countries.   These  foreign  workers  play  an 
important  role  in  the  Ivorian  economy,  especially  in 
agriculture.   The  Government's  policy  of  Ivorianization 
requires  that  all  positions  be  offered  to  Ivorians  before 
foreigners;  this  prevents  foreign  Africans  from  obtaining  most 
of  the  higher  paying  wage  and  salary  jobs  in  the  modern  sector. 
There  were  no  riots  in  1986  directed  against  non-Ivorian 
Africans  as  had  occurred  occasionally  in  the  recent  past. 

CONDITIONS  OF  LABOR 

Cote  d'lvoire  is  a  signatory  to  and  seeks  to  abide  by  the  U.N. 
conventions  on  workers'  rights  and  conditions  of  employment. 
Minimum  wage  levels  and  a  minimum  working  age  of  16  years  of 
age  have  been  established  by  the  Government.   The  Government 
enforces  a  comprehensive  work  code  of  law.  Code  du  Travail, 
governing  the  terms  and  conditions  of  service  for  salaried 
workers  and  providing  for  occupational  safety  and  health 
standards.   Extensive  safeguards  protect  those  employed  in  the 
modern  sector  against  unjust  compensation,  excessive  hours, 
and  capricious  discharge  from  employment.   Month-long  paid 
vacations  and  a  substantial  severance  pay  are  guaranteed. 
Government  medical  insurance  and  retirement  programs  provide 
an  element  of  income  security  for  salaried  employees  in  the 
modern  sector.   Urban  workers  in  the  informal  sector  and  rural 
workers  find  conditions  quite  different,  and  occupational 
regulations  may  be  underenf orced. 


89 


U.S.OVERS£&S  -LOANS  AND  GRANTS"  OBLIGATIONS  AND  LOAN  AUTHORIZATIONS 
(U.S. FISCAL  YEARS  -  MILLIONS  OF  DOLLARS) 


COUNTRY:  IVORY  COAST   (COTE  D'lVOIRE) 

1934 


1935 


1936 


I.ECON.  ASSIST. -TOTAL. . . 

LOANS 

GRANTS 

A.  AID 

LOAMS 

GRANTS 

(SEC. SUPP. ASSIST.) .. . 

£J.  FOOD  FOR  PEACE 

LOANS 

GRANTS 

TITLE  I-TOTAL 

REPAY.  IN  $-LOANS 

PAY.  IN  FOR.  CURR 

TITLE     II-TOTAL 

E. RELIEF. EC. DEV     J    WFP. 

VOL. RELIEF  AGENCY 

C. OTHER  ECON.  ASSIST... 

LOANS 

GRANTS 

PEACE  CORPS 

NARCOTICS 

OTHER 


-TOTAL, 


II.MIL.  ASSIST, 

LOANS , 

GRANTS , 

A. MAP  GRANTS 

3. CREDIT  FINANCING., 
C.INTL  MIL.EO.TRNG. , 
D.ThAN-EXCESS  STOCK 
E. OTHER  GRANTS , 


III. TOTAL  ECON.  I    MIL, 

LOANS , 

GRANTS 


0.0 

1.6 

1.7 

0.0 

0.0 

0.0 

0.0 

1.6 

1.7 

0.0 

1.6 

1.7 

0.0 

0.0 

0.0 

o.a 

1  .6 

1.7 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

O.D 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.3 

0.0 

0.0 

0.2 

0.2 

0.1 

0.0 

0.0 

0.0 

0.2 

0.2 

0.1 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.2 

0.2 

0.1 

0.0 

0.0 

D.O 

O.D 

0.0 

0.0 

0.2 

1.S 

1.8 

0.0 

0.0 

CO 

0.2 

1.3 

1.8 

OTHER  US  LOANS.... 
EX-IM  BANK  LOANS. 
ALL  OTHER , 


0.0 
0.0 

0.0 


0.0 
0.0 

0.0 


D.O 
0.0 
0.0 


ASSISTANCE  FROM  INTERNATIONAL  AGENCIES 
1934      1935      1986 


1946-86 


TOTAL , 

275.9 

213.3 

374.7 

2302.1 

IBRD 

25D.7 

141.3 

34D.1 

1308.2 

IFC 

1.3 

2.6 

12.6 

31.3 

IDH 

0.0 

0.0 

0.0 

7.5 

ID3 

D.O 

O.D 

0.0 

5.0 

A03 

0.0 

0.0 

0.0 

0.0 

AFOa 

19.8 

59.3 

0.0 

95.0 

UNDP 

4.1 

0.3 

'      0.0 

39.6 

OTHER-UN 

0.0 

2.0 

0.0 

9.6 

EEC 

0.0 

12.6 

22.0 

310.9 

90 


DJIBOUTI 


Djibouti,  a  small,  resource-poor  nation  located  at  the 
southern  end  of  the  Red  Sea,  is  a  constitutional  republic  with 
a  one-party  system.   It  has  been  led  by  President  Hassan 
Gouled  Aptidon  since  it  gained  independence  from  France  in 
1977.   By  an  unwritten  arrangement,  the  President  is  a  member 
of  the  politically  dominant  ethnic  Somalis  (Issa)  while,  as 
part  of  the  political  balancing  act,  the  Prime  Minister, 
chosen  by  the  President,  is  from  the  substantial  minority 
Afar.   There  is  also  a  sizable  Arab  community,  mainly  Yemenis, 
who  have  a  prominent  role  in  commerce.   Cabinet  positions  are 
divided  among  the  two  dominant  groups,  but  in  reality  the 
Issas  control  the  civil  service  and  the  armed  forces. 
Presidential  elections  are  held  every  6  years,  and  are  next 
scheduled  for  June  1987.   Djibouti  has  a  65-member  elected 
National  Assembly.   Since  1981,  there  has  been  a  single 
political  party,  the  Rassemblement  Populaire  pour  le  Progres 
(RPP) .   The  last  legitimately  constituted  alternative  party, 
the  Afar-inspired  Mouvement  Populaire  Djiboutien  (MPD),  was 
outlawed  in  1981  following  public  violence. 

Djibouti's  armed  forces  consist  of  a  small  army  supplemented 
by  an  even  smaller  navy  and  air  wing.   Located  between  two 
relatively  giant  neighbors  on  the  Horn  of  Africa — both  of 
which  have  tribal  affinities  with  an  irredentist  claim — the 
country  has  a  vital,  additional  layer  of  security  in  the  form 
of  a  1977  mutual  defense  agreement  with  France  which  ensures 
the  continued  presence  of  close  to  3,800  French  troops. 

Djibouti's  economy  rests  on  the  activities  of  a  large  foreign 
expatriate  community  (over  10,000),  the  maritime  and 
commercial  activities  of  the  Port  of  Djibouti,  the  airport, 
and  the  operation  of  the  Addis  Ababa-Djibouti  railroad. 
Recent  economic  stagnation  has  been  compounded  by  the 
continuous  influx,  since  the  Ogaden  War  (1977-79),  of 
refugees,  economic  migrants,  and  victims  of  drought  and  famine 
from  Ethiopia  and  Somalia.   Notwithstanding  the  assistance  of 
the  United  Nations  High  Commissioner  for  Refugees  (UNHCR)  and 
other  relief  agencies,  these  large  movements  of  peoples 
clearly  have  placed  a  heavy  burden  on  the  Djiboutian  economy. 

There  was  little  real  change  in  the  human  rights  situation  in 
Djibouti  in  1986.   Despite  tightening  one-party  rule,  the 
openness  of  the  society  creates  an  atmosphere  in  which  most 
citizens  feel  free  to  pursue  their  livelihood  without  fear  of 
government  interference.   Free  enterprise  is  encouraged  in 
Djibouti's  service-oriented  economy,  and  the  right  of  private 
property  and  freedom  of  movement  are  generally  respected.   The 
legal  system  is  still  in  its  formative  stages.   On  any  topic 
not  yet  covered  by  Djiboutian  legislation,  the  Napoleonic 
Code,  initiated  during  the  French  colonial  period,  and,  to  an 
extent,  Shari'a  generally  applies.   Women  play  a  secondary 
role  in  public  life. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1   Respect  for  the  Integrity  of  the  Person,  Including 
Freedom  from: 

•  a.   Political  Killing 

There  is  no  conclusive  evidence  to  substantiate  the  occasional 
allegation  or  rumor  of  government-inspired  political  killing. 


91 

DJIBOUTI 

b.   Disappearance 

There  were  no  allegations  of  disappearance  of  persons  for 
political  causes. 

c-   Torture  and  Cruel,  Inhuman,  and  Degrading  Treatment 
or  Punishment 

In  the  ethnically  polarized  environment  of  Djibouti,  there  are 
occasional  allegations  of  cruel,  inhuman,  or  degrading 
treatment  or  punishment.   For  example.  Amnesty  International's 
1985  Report  (covering  1984)  mentioned  one  charge  from  1983  and 
expressed  concern  over  the  alleged  torture  of  nine  persons 
suspected  of  belonging  to  the  outlawed  MPD.   In  1985  and  1986, 
there  were  no  substantiated  cases  of  such  injustice.   However, 
in  September  1986,  a  former  political  leader  in  exile,  with 
self-avowed  political  aspirations,  circulated  such  charges. 

d.  Arbitrary  Arrest,  Detention,  or  Exile 

The  current  system  of  justice  is  a  mixture  of  French  and 
Islamic  law.   This  mixture  results  in  a  hybrid  legal  system, 
based  mainly  on  the  French  penal  code  and  partly  derived  from 
Issa  tribal  common  law.   On  March  19,  1985,  the  Government 
issued  a  new  decree  limiting  detention  of  all  persons  without 
charge  to  48  hours.   Within  this  period,  the  individual  must 
be  charged  by  the  examining  magistrate.   Moreover,  the 
prisoner  is  entitled  to  legal  counsel  and  must  be  so 
informed.   Although  bail  and  personal  recognizance  are 
provided  for,  a  judge  may  choose  to  hold  without  bail  any 
prisoner  against  whom  charges  have  been  filed.   Prosecutors 
are  required  to,  and  generally  do  file  charges  expeditiously. 
Prison  conditions  are  barely  adequate.   Family  members  and 
counsel  are  permitted  access  to  prisoners,  and  public  health 
and  medical  services  supervise  health  conditions  in  a 
generally  competent  manner. 

There  is  no  forced  labor  in  Djibouti. 

e.  Denial  of  Fair  Public  Trial 

Both  the  State  Security  Court,  established  to  deal  with  crimes 
against  the  security  of  the  state,  and  ordinary  civil  and 
criminal  courts  permit  family  members  and  counsel,  though  not 
the  general  public,  to  attend  trials.   The  judiciary  has 
remained  largely  independent  of  military  and  executive 
pressures . 

f.  Arbitrary  Interference  with  Privacy,  Family,  Home,  or 
Correspondence 

Decree  Law  No.  8  of  June  1980  states  that  government 
authorities  "may  not  enter  or  remain  in  the  domicile  of  a 
private  individual  without  his  consent  and  without  a  legal 
order,"  except,  among  other  circumstances,  when  it  is 
necessary  to  facilitate  the  prosecution  of  persons  accused  of 
crimes  and  when  the  public  order  is  seriously  disturbed. 
There  are  occasional  reports  of  noncompliance  with  this 
statute . 

Section  2  Respect  for  Civil  Liberties,  Including: 

a.   Freedom  of  Speech  and  Press 

All  Djiboutian  media  are  government  owned  and  support  the 


92 


DJIBOUTI 

Government  and  its  policies.   Radio/Television  Djibouti  (RTD) 
claims  to  receive  only  limited  guidance  from  senior  political 
levels  on  handling  the  news  it  presents  to  the  public.   There 
is  occasional  criticism  of  the  shortcomings  of  local 
institutions,  including  some  involving  key  political  and 
religious  figures,  and  of  corrupt  and  inefficient  practices  in 
the  bureaucracy,  but  not  of  the  Government  itself.   There  are 
occasional  confiscations  of  foreign  publications  which  contain 
commentary  critical  of  the  Government.   The  media  usually  do 
not  carry  stories  which  feature  violence,  crime,  or  ethnic 
disturbances . 

b.  Freedom  of  Peaceful  Assembly  and  Association 

Public  meetings  require  a  permit  which  may  be  denied  for 
security  reasons.   The  Government  permits  free  association 
outside  the  political  realm,  and  there  are  several  independent 
social,  religious,  cultural,  and  commercial  organizations. 

The  right  of  labor  to  organize  and  strike  exists,  but  only  a 
small  portion  of  the  work  force  is  unionized.   Moreover,  the 
Government  has  organized  the  single  national  labor  federation, 
the  Union  Generale  de  Travailleurs  Djiboutiens  (UGTD) ,  and 
keeps  it  under  its  control  and,  through  it,  also  controls  the 
individual  unions.   Employees  are  not  obliged  to  join  any 
union.   The  unions  freely  maintain  relations  with  recognized 
international  bodies  in  their  fields.   Temporary  stoppages, 
usually  protesting  working  conditions  or  dismissals,  sometimes 
occur.   Most  large  enterprises  have  affiliates  of  the  UGTD. 

c.  Freedom  of  Religion 

Over  96  percent  of  the  population  is  Muslim,  but  freedom  of 

religious  practice,  publication,  and  association  with 

coreligionists  outside  the  country  is  unfettered  for  all 
religions . 

d.  Freedom  of  Movement  Within  the  Country,  Foreign 
Travel,  Emigration,  and  Repatriation 

Djiboutians  travel  freely  within  and  outside  their  country. 
Passports  are  generally  available  to  all  citizens.   There  are 
no  currency  exchange  controls. 

Djibouti  has  had  a  steady  inflow  of  refugees,  economic 
migrants,  and  famine  victims  in  the  past  decade.   In  addition 
to  approximately  16,000-18,000  refugees  registered  with  the 
UNHCR,  there  are  unknown  numbers  (estimates  run  from  2,000  to 
6,000)  of  illegal  immigrants  eking  out  an  existence  on  the 
margins  of  the  Djiboutian  economy.   Most  of  the  refugees  have 
received  assistance  from  the  international  community  in  the 
refugee  camp  of  Dikhil.   Several  thousand  more  have 
spontaneously  settled  in  the  capital  city.   Refugees  in  the 
camps  are  restricted  to  them  and  are  not  able  to  move  freely. 

The  Government  has  taken  an  increasingly  firm  stand  in 
returning  Ethiopians  who  do  not  qualify  for  refugee  status. 
On  July  29,  1986,  Djibouti,  Ethiopia,  and  the  UNHCR  decided  to 
resume,  as  of  September  1,  1986,  the  large-scale  repatriation 
program  halted  on  December  31,  1984,  because  of  the  drought. 
According  to  the  UNHCR,  by  December  1984  a  total  of  32,859 
Ethiopians  had  been  repatriated  to  Ethiopia,  of  whom  14,281 
had  returned  to  Ethiopia  in  UNHCR-organized  rail  moves,  and 
19,578  had  returned  on  their  own.   Djiboutian  police  caught  12 


93 


DJIBOUTI 

Ethiopians  in  a  January  1986  sweep  near  the  Dikhil  refugee 
camp  and  returned  them  to  Ethiopia.   Persons  wishing  to  return 
voluntarily  to  Ethiopia  may  sign  up  at  any  one  of  three 
centers.   All  remaining  card-carrying  refugees  must  submit  to 
a  case-by-case  reexamination  of  their  situation,  in  principle 
by  December  31,  1986. 

Section  3   Respect  for  Political  Rights:   The  Right  of  Citizens 
to  Change  Their  Government 

Djibouti  is  a  one-party  state  whose  leaders  and  candidates  for 
Parliament  are  chosen  by  the  leadership  of  the  party,  the 
Rassemblement  Populaire  pour  le  Progres  (RPP) .   While  citizens 
are  encouraged  to  become  involved  in  politics  and  to  vote,  the 
party  leadership,  through  a  14-member  political  bureau, 
carefully  controls  and  directs  all  political  activity  and  in 
1982  selected  the  single  slate  of  candidates  for  the  National 
Assembly  elections.   There  is  thus  no  democratic  means  for 
citizens  of  Djibouti  to  change  their  government,  but  there  is 
active  competition  within  the  party  lists.   The  one-party 
system  was  instituted  in  1981,  and  the  Government  subseguently 
detained  leaders  of  the  previous  opposition  party  and 
dissidents  allegedly  attempting  to  encourage  ethnic  strife. 

Traditionally,  representatives  of  most  if  not  all  of  the 
nation's  ethnic  groups  are  included  in  the  ruling  Cabinet. 
However,  some  Afars  complain  that  the  country  is  run  by  and 
for  the  Issas,  who  dominate  the  Government,  the  armed  forces, 
and  the  single  party.   Others  complain  that  tribal  and  ethnic 
considerations  inhibit  appointment  of  competent  administrators. 

In  1986  Aden  Robleh  Awaleh,  an  historical  leader  in  the 
struggle  for  independence,  was  expelled  from  the  party  for 
activities  considered  prejudicial  to  the  RPP.   He  fled  the 
country  and  has  since  been  tried  and  sentenced  "in  absentia" 
to  life  imprisonment  for  the  bombing  of  RPP  party  headquarters 
in  Djibouti  in  January  and  for  recruiting  supporters  for 
criminal  activity.   In  September  he  announced  plans  for  the 
creation  of  an  opposition  party  in  exile. 

Section  4   Governmental  Attitude  Regarding  International  and 

Nongovernmental  Investigation  of  Alleged  Violations 
of  Human  Rights 

On  at  least  six  occasions  since  independence,  there  have  been 
foreign  press  and  other  reports  alleging  human  rights 
violations  by  the  Government.   The  Government  has  generally 
responded  to  such  charges  either  by  denying  them  or  by 
permitting  an  investigation,  as  by  the  UNHCR  and  Amnesty 
International  in  1981.   In  July  1986,  Djibouti  became  the  16th 
African  state  to  ratify  the  Human  Rights  Charter  of  the 
Organization  of  African  Unity. 

Section  5  Discrimination  Based  on  Race,  Sex,  Religion, 
Language,  or  Social  Status 

Women  in  Djibouti  enjoy  a  higher  public  status  than  in  some 
other  Islamic  countries,  but  women's  rights  and  family 
planning  are  not  high  priorities.   There  are  no  women  in 
senior  government  or  party  positions.   Nomadic  traditions 
involving  female  genital  mutilation  (particularly  excision  and 
inf ibulation)  are  quite  prevalent  in  Djibouti.   The  President 
has  recognized  the  key  role  of  women  in  the  small-trade 
sector,  and  there  is  an  active,  local  women's  organization. 


94 


DJIBOUTI 

CONDITIONS  OF  LABOR 

The  level  of  unemployment  has  been  high  since  independence. 
In  1980  the  International  Monetary  Fund  reported  that  over  50 
percent  of  job  seekers  could  not  find  work.   In  1982 
unemployment  was  estimated  at  4  5  percent  and  underemployment 
at  33  percent  of  the  work  force.   Since  1983  several  factors 
have  exacerbated  this  trend:  the  high  population  growth  rate, 
now  estimated  at  3 . 1  percent;  the  influx  of  refugees  and 
displaced  persons;  and  the  decline  in  French  assistance  and 
spending.   Some  estimates  of  overall  unemployment  for  1986  run 
in  excess  of  70  percent. 

To  combat  the  high  unemployment  rate,  the  Government  has 
adopted  a  labor  policy  that  strongly  favors  the  employment  of 
nationals  (expatriate  labor  accounts  for  about  20  percent  of 
the  formal  sector  and  better  paid  jobs).   Extensive  labor 
regulations  inherited  from  France  (the  1952  labor  code) 
continue  to  govern  dismissal  of  employees,  who  may — and 
frequently  do — seek  administrative  recourse  against  their 
former  employers.   Given  Djibouti's  serious  unemployment 
problems  and  shortage  of  skilled  workers,  those  who  are 
fortunate  enough  to  have  jobs  are  paid  surprisingly  well.   The 
country's  average  per  capita  income  is  well  above  that  of  its 
neighbors.   Djibouti's  nominal  minimum  wage  is  about  $100  per 
month,  but  a  carpenter  or  mason  will  earn  six  times  as  much, 
and  a  maid  gets  at  least  double.   Social  security,  medical 
care,  and  retirement  systems  also  exist  in  the  formal  sector. 
Employers  normally  contribute  an  amount  equal  to  18  percent  of 
each  employee's  salary  to  the  Government's  generous  pension 
and  medical  insurance  programs.   Retirement  is  normally  at  80 
percent  of  salary  after  15  years  of  employment  with  a  minimum 
age  of  50.   The  legal  minimum  age  for  employment  is  18,  and 
the  standard  of  a  40-hour  workweek  is  observed.   However,  as 
with  other  African  countries,  the  informal  sector  (including 
many  young  children  who  wash  cars,  sell  cigarettes,  and  shine 
shoes)  is  flourishing. 


95 


U.S. OVERSEAS  -LOANS  AND  GRANTS-  OBLIGATIONS  AND  LOAN  AUTHORIZATIONS 
(U.S. FISCAL  YEARS  -  MILLIONS  OF  DOLLARS) 


COUNTRY:  DJISOUTIx  DEMOCRATIC  REPUBLIC  OF 

1934      1935 


1986 


I.HCON.  ASSIST. -TOTAL. . , 

LOANS 

GRANTS , 

A.  AID 

LOANS 

GRANTS , 

(SEC. SUPP. ASSIST.) ... 

B.FOOO  FO^  PEACE 

LOANS. , 

GRANTS 

TITLE  I-TOTAL 

;?EPAY.     I?J     $-LOANS 

PAY.     IN    FOR.     CURR 

TITLE  II-TOTAL , 

E. RELIEF. EC.DEV  I    WFP, 

VOL. RELIEF  A3ENCY 

C. OTHER  ECON.  ASSIST.., 

LOANS , 

GRANTS 

PEa:E  CORPS 

NARCOTICS 

OTHER.  . , 


I1.MIL.  ASSIST. -TOTAL, 

LOANS 

GRANTS , 

A.  MAP  GRANTS 

3. CREDIT  FINANCING.. 

:.INTL  MIL. ED.TRN5. . 

D.TRAN-EXCESS  STOCK, 

E. OTHER  GRANTS , 


III. TOTAL  ECON. 

LOANS 

GRANTS. . . . 


MIL, 


U.l 

5.2 

3.4 

0.0 

0.0 

0.0 

4.3 

5.2 

3.4 

3.0 

3.7 

3.4 

0.0 

0.0 

0.0 

3.0 

3.7 

3.4 

3.0 

3.5 

3.4 

1.3 

1.5 

0.0 

0.0 

0.0 

0.0 

1.3 

1.5 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

1  .3 

1.5 

0.0 

0.0 

0.0 

0.0 

1.3 

1.5 

0.0 

0.0 

0.0 

0.0 

0.0 

D.O 

0.0 

0.0 

0.0 

0.0 

0.3 

0.0 

0.0 

0.0 

0.0 

0.0 

p. 3 

0.0 

0.0 

2.1 

2.6 

2.0 

0.0 

0.0 

0.0 

2.1 

2    6 

2.0 

2.0 

2.5 

1.9 

0.3 

3.0 

0.0 

0.1 

3.1 

0.1 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

6.4 

7.3 

5.4 

0.0 

0.0 

0.0 

6.4 

7.8 

5.4 

0.3 

3.0 

0.0 

0.0 

3.0 

0.0 

0.0 

3.3 

0.0 

OTHER  US  LOANS... , 
EX-IM  3AN^  LOANS, 
ALL  OTHER , 


ASSISTANCE  FROM  I  N T ER N AT  ION AL  AGENCIES 
1984      1935      1986 


1946-86 


TOTAL 

6.0 

12.7 

0.0 

46.3 

IBRD 

0.0 

0.0 

t).0 

0.0 

IFC 

D.O 

0.0 

0.0 

3.0 

IDA 

6.0 

10.3 

0.0 

25.4 

103 

0.0 

0.0 

0.0 

0.0 

AOB 

0.0 

0.0 

0.0 

3.0 

AF03 

0.0 

2.5 

0.0 

15.3 

UNDP 

0.0 

O.C 

'   0.0 

4.8 

OHER-UN 

0.0 

0.,2 

0.0 

0.8 

EEC 

0.0 

0.0 

0.0 

0.0 

96 


EQUATORIAL  GUINEA 

Equatorial  Guinea  is  a  former  Spanish  colony  in  central  Africa 
composed  of  a  continental  province  (Rio  Muni)  and  the  island 
provinces  (Bioko  and  Annobon) .   It  has  a  population  of 
300,000.   The  capital,  Malabo,  is  on  Bioko.   The  current 
regime,  under  President  Teodoro  Obiang  Nguema,  took  power  as  a 
military  government  in  the  1979  coup  which  overthrew  President 
Macias  and  ended  his  11-year  state-sanctioned  policy  of 
terror.   A  national  Constitution  was  adopted  in  1982,  national 
and  local  assemblies  chosen,  and  the  military  government 
declared  itself  a  civilian  governinent .   During  1986  the 
Government  enacted  a  law  mandating  the  creation  of  a  single 
political  party.   Only  party  members  may  hold  public  office, 
and  the  party  controls  the  selection  of  all  candidates. 

The  economy  based  on  cocoa,  lumber,  and  coffee  was  devastated 
by  the  Macias  years  and  the  death  or  exodus  of  thousands  of 
trained  and  educated  citizens.   The  economy  remains  extremely 
fragile,  despite  substantial  foreign  aid  and  attempts  at 
reform,  which  include  entrance  into  the  West  African  Franc 
Zone,  debt  rescheduling,  and  efforts  to  attract  much  needed 
foreign  investment,  especially  from  France.   Annual  per  capita 
income  is  only  $100-$200. 

The  human  rights  situation  deteriorated  in  1986  amid  reports  of 
citizen  harassment  by  poorly  paid  police,  of  discrimination 
against  minority  groups  and  migrant  workers,  of  the  use  of 
forced  labor,  and  of  the  suppression  of  several  religious 
groups.   The  Government  arrested  and  detained  over  100  persons 
following  a  coup  attempt  in  July,  and  subsequently  it  tried  15 
persons  under  the  jurisdiction  of  a  military  tribunal  in 
circumstances  which  raised  doubts  whether  the  trial  met 
accepted  international  standards.   There  were  allegations,  yet 
unconfirmed,  that  some  coup  detainees  were  held  incommunicado. 
There  were  three  confirmed  cases  of  torture. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1   Respect  for  the  Integrity  of  the  Person,  Including 
Freedom  from: 

a.  Political  Killing 

There  were  no  reported  incidents  of  political  killing. 

b.  Disappearance 

There  were  no  known  disappearances. 

c.  Torture  and  Cruel,  Inhuman,  or  Degrading  Treatment  or 
Punishment 

There  were  three  confirmed  cases  of  torture  by  police  after  the 
attempted  coup  in  July.   In  at  least  one  case,  the  prisoner, 
later  absolved  of  complicity  in  the  coup,  suffered  severe 
injury  to  his  arms  and  ankles. 

Police  methods  are  harsh  and  often  include  beatings  of 
prisoners  either  to  extract  information  or  to  punish  offenders 
for. insolence  or  disrespect.   The  Government  appears  little 
inclined  to  curb  such  abuses.   Arbitrary  police  beatings  of 
politically  powerless  people,  such  as  expatriate  Nigerian  and 
Cameroonian  workers  and  members  of  Bubi  and  certain  other 
indigenous  tribes,  continued  in  1986. 


97 


EQUATORIAL  GUINEA 

Mistreatment  of  prisoners  is  officially  condenmed  but  in  fact 
is  tolerated.   Prisoners  are  dependent  on  their  families  for 
food.   Prison  conditions  are  unhealthy.   As  some  cells  contain 
a  toilet  and  nothing  else,  prisoners  are  often  forced  to  sleep 
and  sit  on  the  floor.   Occasionally,  prisoners  are  not  even 
permitted  exercise.   Others  are  taken  out  to  work  on  private 
plantations . 

d.  Arbitrary  Arrest,  Detention,  or  Exile 

Despite  constitutional  provisions,  there  is  no  enforcement  of 
the  right  of  a  person  in  detention  to  be  charged  or  released 
within  a  certain  period  of  time,  to  have  access  to  a  lawyer,  or 
to  be  freed  on  bail.   Arbitrary  arrests  by  security  forces  or 
police  are  commonplace,  usually  on  trumped  up  charges  to  extort 
money.   There  were  also  incidents  of  house  arrests  of  Jehovah's 
Witnesses  during  1986,  with  no  charges  being  filed  and  no 
reasons  given  for  the  arrests. 

There  were  no  known  instances  of  any  person  being  exiled  in 
1986.   The  Government  continued  to  round  up  so-called  vagrants, 
illegal  aliens,  and  ordinary  citizens  and  put  them  to  work. 
These  roundups  are  a  means  of  obtaining  free  labor  and  are 
often  linked  to  preparation  for  important  national  days,  the 
arrival  of  visiting  dignitaries,  and  seasonal  needs  on  the 
plantations  of  important  government  officials.   There  were 
reports  that  members  of  the  Jehovah's  Witnesses  sect  were 
forced  by  government  officials  to  do  manual  labor  for  several 
weeks  although  they  were  never  charged  with  nor  convicted  of 
any  offense. 

e.  Denial  of  Fair  Public  Trial 

The  exact  number  of  political  prisoners  is  unknown  but  is 
believed  to  be  small.   The  Government  does  not  admit  to  holding 
any  political  prisoners.   There  continues  to  be  no  information 
available  on  the  fate  of  26  persons  tried  on  charges  stemming 
from  a  coup  attempt  in  1983.   According  to  Amnesty 
International,  the  26  defendants  did  not  receive  fair  trials. 
The  Government  reports  that  the  majority  of  the  accused 
received  sentences  varying  from  5  to  10  years. 

The  Ministry  of  Justice  has  made  little  progress  in 
establishing  a  fully  functional  legal  system,  and  the  executive 
branch  has  been  able  to  act  without  any  fear  of  judicial 
interference.   The  Supreme  Court  justices  serve  at  the  pleasure 
of  the  President,  who  replaced  all  but  one  justice  early  in 
1986.   Of  12  Supreme  Court  positions,  only  4  have  ever  been 
filled  at  the  same  time.   The  tribunal  provided  for  in  the 
Constitution  to  decide  constitutional  issues  has  never  been 
established. 

The  current  court  system,  which  often  uses  local  customary  law, 
is  a  combination  of  traditional,  civil,  and  military  justice, 
and  operates  in  an  ad  hoc  manner  for  lack  of  established 
procedures  and  experienced  judicial  personnel.   Equatorial 
Guinea's  estimated  15  lawyers  work  for  the  Government  and 
consequently  are  unable  to  challenge  government  actions 
effectively. 

It  is  not  known  how  frequently  people  are  denied  trials  since 
many  detainees  deal  directly  with  the  arresting  authorities  and 
resort  to  bribes  to  gain  their  freedom.   Most  trials  are 


98 


EQUATORIAL  GUINEA 

brief.   In  cases  of  petty  theft  or  civil  disputes,  all  parties 
are  brought  before  a  judge  for  trial.   In  civil  and  criminal 
cases,  the  judge  often  levies  a  fine  in  lieu  of  imprisonment. 
In  cases  involving  senior  officials,  exclusion  from  public 
office  and  confinement  to  traditional  villages  are  common  means 
of  punishment . 

The  major  court  case  of  1986  was  the  public  2-day  trial  of  15 
individuals  accused  of  plotting  the  overthrow  of  the 
Government.   The  case  was  tried  by  a  military  tribunal  instead 
of  a  civilian  court,  and  the  proceedings  were  broadcast  on 
state  radio  and  television.   The  defendants  were  represented  by 
government-employed  counsel.   The  military  tribunal  sentenced  1 
defendant  to  death,  4  to  long  prison  terms  (18-20  years),  6  to 
terms  of  2  years,  and  4  were  stripped  of  government  positions 
and  set  free.   The  single  death  sentence  was  carried  out  on  the 
day  of  the  verdict. 

The  actual  charges  against  the  defendants  ranged  from  violating 
three  sections  of  the  Constitution  to  violating  a  particular 
section  of  the  Military  Penal  Code.   The  constitutional 
provisions  speak  generally  of  citizens'  obligations  and  are  not 
criminal  statutes.   In  addition,  it  was  not  clear  how  the 
military  penal  code  applied  to  the  civilian  defendants.   The 
speed  of  the  judicial  process,  the  questionable  legal  basis  of 
the  charges  brought,  the  doubtful  jurisdiction  of  a  military 
tribunal,  the  lack  of  independent  counsel,  and  the  absence  of 
appeal  procedures  raised  serious  questions  whether  the 
defendants  received  due  process. 

f .   Arbitrary  Interference  with  Privacy,  Family,  Home,  or 
Correspondence 

There  were  reports  of  arbitrary  interference  with  privacy,  but 
not  with  correspondence.   There  is  a  general  suspicion  that 
telephone  conversations  are  routinely  monitored.   Search 
warrants  are  not  usually  used,  even  though  they  are  provided 
for  in  the  Constitution.   There  is  no  forced  resettlement  of 
population,  and  no  interference  with  the  right  to  marry  or  have 
children. 

Section  2   Respect  for  Civil  Liberties,  Including: 

a.   Freedom  of  Speech  and  Press 

Open  criticism  of  the  Government  is  not  permitted.   The  making 
of  statements  critical  of  the  President  and  of  the  state  of  the 
economy  were  among  the  charges  brought  against  four  senior 
government  defendants  in  the  July  1986  coup  attempt  trial. 

What  media  exist  in  Equatorial  Guinea  are  government  owned  and 
operated.   The  single  newspaper  is  in  fact  a  government 
bulletin.   The  officially  controlled  media  do  not  criticize  the 
Government.   The  radio  and  television  stations  transmit 
official  government  notices  and  imported  entertainment,  sports, 
and  religious  programs.   There  are  no  prohibitions  on  receiving 
foreign  publications  or  periodicals,  but  for  economic  reasons 
there  are  no  such  publications  for  sale  anywhere  in  the 
country.   It  is  doubtful  that  the  Government  would  permit  the 
sale  or  distribution  of  publications  openly  critical  of  its 
conduct.   School  libraries  require  government  permission  to  add 
even  donated  books  to  their  libraries. 


99 


EQUATORIAL  GUINEA 

b.  Freedom  of  Peaceful  Assembly  and  Association 

Citizens  are  not  free  to  associate  publicly  with  others  to 
discuss  political  or  economic  matters,  notwithstanding 
constitutional  guarantees  to  the  contrary.   The  Government  does 
not  permit  opposition  organizations.   Political  rallies  or 
unsanctioned  assemblies  are  not  tolerated.   Private 
nonpolitical  groups,  such  as  professional  organizations  and 
sports  groups,  are  generally  licensed  by  the  Government. 

There  are  no  labor  unions,  and  there  have  been  no  attempts  to 
organize  workers.   It  is  widely  recognizod  that  the  Government 
would  not  permit  a  union  to  organize,  especially  in  the  cocoa, 
lumber,  and  coffee  sectors  which  constitute  the  main  economic 
resources,  or  even  among  government  workers.   There  is  no 
significant  industry  in  Equatorial  Guinea. 

c.  Freedom  of  Religion 

Until  late  in  1985,  there  had  been  complete  freedom  of 
religion.   In  December  1985,  the  Jehovah's  Witnesses  and 
several  small  Pentecostal  groups  were  banned,  and  their 
churches  and  meeting  houses  closed  without  explanation.   In 
1986  some  of  their  members  were  subject  to  house  arrest, 
harassed  and,  according  to  some  reports,  forced  to  do  manual 
labor  despite  neither  having  been  convicted  nor  charged  with 
any  crime.   Missionaries  of  several  faiths  are  still  active  and 
have  government  permission  for  their  activities,  including 
proselytizing . 

d.  Freedom  of  Movement  Within  the  Country,  Foreign 
Travel,  Emigration,  and  Repatriation 

There  are  no  explicit  restrictions  on  travel  within  the 
country,  but  anyone  found  without  a  job  in  any  part  of  the 
country  except  his  own  town  or  village  is  subject  to  a  period 
of  forced  labor  and  obligatory  return  to  his  place  of  origin. 
Exit  visas  are  required  for  travel  abroad.   There  were  no 
reports  of  any  new  Guinean  refugees  in  1986,  but  a  large  number 
of  refugees  from  the  former  regime  continue  to  reside  in  Spain, 
France,  Cameroon,  and  Gabon.   Many  of  them  voice  fears  of 
repression  from  the  current  Government  if  they  return. 
However,  the  poor  state  of  the  economy  is  probably  the  main 
reason  many  remain  abroad.   The  Government  has  repeatedly 
proclaimed  that  returnees  need  not  fear  persecution  but  can 
engage  in  political  activities  only  within  the 
government-sanctioned  system. 

Section  3   Respect  for  Political  Rights:   The  Right  of  Citizens 
to  Change  Their  Government 

Citizens  have  only  a  hypothetical  right  to  change  their 
government  by  democratic  means.   President  Obiang  took  power  in 
1979  in  a  military  coup  that  toppled  the  Macias  regime,  and  he 
used  the  1982  plebiscite,  which  involved  only  approval  or 
disapproval  of  the  Constitution,  to  declared  himself 
President.   He  will  face  reelection  in  1989  under  the  present 
7-year  term  established  by  the  Constitution. 

Under  the  Constitution,  a  partially  elected,  partially 
appointed  National  Assembly  was  chosen.   While  the  Assembly 
includes  members  of  minority  groups,  and  the  Assembly  is 
theoretically  the  legislative  branch  of  government,  it  is 


100 


EQUATORIAL  GUINEA 

powerless  to  take  any  action  not  sanctioned  by  the  President  or 
his  Council  of  Ministers,  members  of  which  can  be  appointed  and 
dismissed  by  the  President.   The  President  has  the  power  to 
suspend  virtually  all  rights  guaranteed  by  the  Constitution 
when  a  threat  to  national  security  or  national  emergency 
exists,  and  the  President  himself  decides  when  such  a  threat  or 
national  emergency  exists. 

In  1986  the  Government  enacted  a  law  providing  for  a  single 
political  party,  but  at  the  end  of  the  year  there  had  been  no 
action  to  organize  such  a  party. 

Section  4   Government  Attitude  Regarding  International  and 

Nongovernmental  Investigation  of  Alleged  Violations 
of  Human  Rights 

The  Government  has  denounced  and,  in  relative  terms,  has 
reversed  the  savagery  of  the  previous  regime.   It  is  willing  to 
discuss  human  rights  issues  with  international  organizations. 
A  U.N.  human  rights  team  visited  Equatorial  Guinea  in  January 
1986,  but  their  report  has  not  yet  been  released.   There  are  no 
human  rights  groups  in  Equatorial  Guinea. 

Section  5   Discrimination  Based  on  Race,  Sex,  Religion, 
Language,  or  Social  Status 

The  law  states  that  both  sexes  and  all  tribal  groups  are  equal 
and  entitled  to  the  same  rights  and  privileges.   The  Fang  tribe 
comprises  more  than  70  percent  of  the  population  and  dominates 
life  in  Equatorial  Guinea,  including  in  the  allocation  of  top 
government  positions.   The  Bubi  tribe  comprises  a  small 
percentage  of  the  population  but  has  historically  been  the 
majority  on  the  island  of  Bioko,  where  the  capital  is  located. 
Despite  National  Assembly  elections  in  1983  which  returned  a 
proportionate  number  of  Bubi  delegates,  they  have  little 
effective  political  voice  in  government.   Other  tribal  groups, 
such  as  Playeros,  Fernandinos,  and  even  less-favored  Fang 
subgroups  are  similarly  discriminated  against  in  opportunities 
for  economic  and  social  advancement. 

For  a  variety  of  reasons,  some  historical  and  ciltural,  and 
others  economic,  women  are  accorded  a  lower  status  than  men  and 
have  a  correspondingly  lower  status  and  influence  in  the 
society  and  government.   Social  tradition,  and  the  fact  that 
women  produce  most  of  the  basic  staple  food  items,  keep  most 
women  engaged  in  agricultural  or  domestic  work.   Many  times 
more  males  than  females  enter  secondary  school  and  a  higher 
proportion  of  the  graduates  are  male.   Women  play  only  a  minor 
role  in  politics.   The  three  highest  positions  held  by  women 
are  a  mayorship  and  the  positions  of  Vice  Minister  of  Labor  and 
Vice  Minister  of  Health. 

CONDITIONS  OF  LABOR 

Most  salaried  employment  is  with  the  Government.   Salaries, 
when  paid,  are  insufficient  for  ensuring  a  decent  living,  and 
many  thus  must  take  second  jobs.   Equatorial  Guinea  has  a 
statutory  minimum  wage  of  roughly  $34  monthly.   Government 
working  conditions  are  well  within  a  maximum  48  hour  workweek, 
with  a  full  rest  day  and  holidays.   There  is  no  effective 
monitoring  of  work  hours  and  labor  conditions  outside  of  the 
Government.   Minimum  age  for  employment  is  16,  but  there  is  no 
enforcement  of  this  law  outside  the  cities,  and  children  of 
various  ages  work  as  necessary  to  help  support  their  families. 


101 


U.S. OVERSEAS  -LOANS  ANO  GRANTS-  OBLIGATIONS  AND  LOAN  AUTHORIZATIONS 
(U.S. FISCAL  YEARS  -  MILLIONS  OF  DOLLARS) 


CO'JNTRY:  E3UAT0RIAL  GUINEA/  REPU3LIC  OF 

1954      1985 


1986 


I. ICON.  ASSIST. -TOTAL. .  . 

LOANS 

GRANTS 

A. AID  

LOANS 

GRANTS 

(SEC. SUPP. ASSIST.)  .  .  . 

a. FOOD  FOR  PEACE 

LOANS 

GRANTS.  . 

TITLE  1-TOTAL 

REPAY.  IN  S-LOANS 

34Y.  IN  =0R.  CURR 

TITLE  II-TOTAL 

E. RELIEF. EC. DEV  5  WFP. 

VOL. RELIEF  AGENCY 

C. OTHER  ECON.  ASSIST... 

LOAMS 

GRANTS 

PEACE  COROS 

NARCOTICS 

OTHER 

II.MIL.  ASSIST. -TOTAL. .  . 

LOANS 

GRANTS 

A.  MAP  GRANTS . 

3. CREDIT  FINANCING.... 
C.IMTL  MIL.EO.TRNG.  ... 
O.TRAN-EXCESS  STOCK... 
E. OTHER  GRANTS 


III. TOTAL  ECON.  I    MIL, 

LOANS , 

GRANTS 


1.9 

1.B 

1.1 

0.0 

0.0 

0.0 

1  .9 

1.8 

1.1 

1  .0 

1.4 

1.1 

O.D 

0.0 

o.o 

1.0 

1.4 

1.1 

0.0 

0.0 

0.0 

0.9 

0.4 

0.0 

O.D 

0.0 

0.0 

0.9 

0.4 

0.0 

0.0 

0.0 

0.0 

0.3 

0.0 

0.0 

O.D 

0.0 

0.0 

0.9 

0.4 

0.0 

0.9 

0.4 

0.0 

0.0 

0.0 

0.0 

O.D 

0.0 

0.0 

O.D 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

O.D 

0.0 

0.0 

0.1 

0.1 

1.1 

0.0 

0.0 

0.0 

0.1 

0.1 

1.1 

0.0 

3.0 

1.0 

0.0 

0.0 

0.0 

0.1 

0.1 

0.1 

0.0 

0.0 

0.0 

0.0 

D.O 

0.0 

2.0 

1.9 

2.2 

O.D 

0.0 

0.0 

2.0 

1.9 

2.2 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

3.0 

OTHER  US  LOANS.  .  .  , 
EX-IM  BANK  LOANS, 
ALL  OTHER 


ASSIS-TANCE  FROM  INTERNATIONAL  AGENCIES 
1934      1985      1986 


1946-86 


TOTAL 

7.3 

23.2 

6.0 

59.9 

I3RD 

0.0 

0.0 

Q-.O 

0.0 

if: 

0.0 

0.0 

0.0 

0.0 

ID4 

6.0 

<'.3 

6.0 

23.7 

103 

0.0 

0.0 

0.0 

0,.0 

A03 

3.0 

0.0 

0.0 

0.0 

AFDB 

3.1 

13.7 

0.0 

27.1 

UNDP 

3.8 

0.2 

.  0.0 

3.7 

OTHER-UN 

0.4 

O.D 

0.0 

0.4 

EEC 

0.0 

O.O 

0.0 

0.0 

102 


ETHIOPIA 


Ethiopia  is  ruled  by  Chairman  Mengistu  Haile-Mariam  who 
exercises  absolute  power  over  the  majority  of  Ethiopians.   The 
ability  of  the  Mengistu  regime  to  maintain  itself  in  power  is 
based  on  the  conviction  of  most  Ethiopians  that  it  is  prepared 
to  take  whatever  steps  are  necessary  to  continue  in  power. 
Chairman  Mengistu  holds  the  top  post  of  general  secretary  in 
the  Workers  Party  of  Ethiopia,  established  September  6,  1984. 
The  stated  goal  of  the  party  is  to  transform  the  country  into 
a  Marxist-Leninist  state. 

Ethiopia  deploys  the  largest  standing  army  in  Africa  south  of 
the  Sahara,  numbering  over  250,000  soldiers.   It  uses  this 
power  to  pursue  military  solutions  to  the  armed  insurgencies 
of  varying  intensities  directed  against  the  Government. 
Ethiopia  also  supports  rebel  movements  fighting  against  its 
neighbors,  Sudan  and  Somalia,  in  retaliation  for  their  alleged 
support  of  Ethiopia's  internal  opponents.   The  Government  has 
an  extensive  security  apparatus  which  uses  a  comprehensive 
system  of  surveillance  and  informers  to  strengthen  its  control 
over  the  population. 

The  economy  is  currently  suffering  not  only  from  the 
aftereffects  of  the  drought  and  civil  strife  (military 
expenditures  take  25  percent  of  the  budget)  but  also  from 
ideological  constraints,  notably  in  the  Government's  efforts 
to  impose  upon  a  nation  of  small,  independent  farmers  a  system 
of  collectivized  and  state  farms. 

Ethiopia's  record  on  human  rights  remains  deplorable. 
Ethiopians  have  no  civil  or  political  freedoms  and  no 
institutions  or  laws  to  protect  their  human  rights.   Over 
1  million  Ethiopians  have  fled  the  country,  many  preferring 
life  in  refugee  camps.   The  Provisional  Military  Government  of 
Socialist  Ethiopia  (PMGSE)  dominates  the  media,  labor, 
education,  internal  and  external  movements  of  Ethiopian 
citizens,  and  all  political  processes  in  government-controlled 
parts  of  the  country.   The  Government  expects  to  hold  a 
national  referendum  in  the  near  future  on  a  constitution  based 
on  Soviet  and  Romanian  models.   This  constitution  will  provide 
the  legal  basis  for  guarantees  of  human  rights,  but  it  is  not 
expected  to  alter  the  human  rights  practices  of  the  present 
regime.   In  recent  years,  the  Government  has  forcibly  moved 
hundreds  of  thousands  of  Ethiopians,  in  part  to  improve  its 
control  over  them.   Although  the  Government  temporarily 
suspended  its  program  of  forcibly  resettling  massive  numbers 
of  northern  highland  peasants  into  lowland  areas  of  the 
country,  a  much  larger  nationwide  program  involving  the 
grouping  of  farmers  in  new  villages  accelerated  in  1986.   Also 
in  1986,  both  government  forces  and  members  of  various  rebel 
movements  committed  atrocities  against  prisoners  and  civilian 
populations . 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1   Respect  for  the  Integrity  of  the  Person,  Including 
Freedom  from: 

a.   Political  Killing 

Ther'e  were  reliable  reports  in  1986  of  the  execution  of 
approximately  60  political  prisoners  in  October  1985.   None  of 
the  executed  is  known  to  have  been  granted  a  trial,  much  less 
an  appeal,  and  the  Government  has  never  acknowledged  the 


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executions  nor  attempted  to  justify  them.   Among  those 
believed  executed  was  Dejazmatch  Asegahgen  Araya  Hailu, 
accused  by  the  Ethiopian  Government  of  being  a  "ringleader"  of 
an  opposition  political  group,  and  1  of  18  persons  detained 
since  December  1983  for  "distributing  antirevolutionary 
pamphlets."   There  is  uncertainty  regarding  the  fate  of  the 
rest  of  these  detainees,  although  another.  Dr.  Mengasha 
Gebre-Hiwut,  is  believed  to  have  died  under  torture  in  1985  at 
the  infamous  "Third  Police  Station"  in  Addis  Ababa. 

In  insurgent  areas,  political  killings  by  both  government 
forces  and  contending  factions  continued.   Guerrilla  forces 
used  assassination,  sniping,  and  the  mining  of  roadways  as 
tactics  against  the  Government,  while  the  Government  continued 
to  execute  captured  combatants  and  to  bomb  civilian  population 
centers.   Both  government  and  rebel  forces  are  believed  to 
have  destroyed  crops  and  homes  in  their  opponents'  areas. 

On  March  8,  1986,  members  of  the  Tigrean  Peoples'  Liberation 
Front  (TPLF)  entered  a  relief  feeding  center  and  clinic  and 
shot  and  killed  two  civilian  Ethiopian  relief  workers,  one  a 
nurse  who  was  allowed  to  bleed  slowly  to  death  under  the  gaze 
of  her  assailants.   The  two  victims  were  employed  by  the  World 
Vision  Relief  Organization. 

b.  Disappearance 

The  most  notable  disappearance  in  1986  was  that  of  the 
Ethiopian  Permanent  Representative  to  the  United  Nations  and 
Ambassador  to  Canada  in  April.   No  charges  are  known  to  have 
been  filed  against  him,  and  his  whereabouts  have  not  been 
officially  announced  by  the  Government.   He  is  believed  to  be 
in  a  prison  in  Addis  Ababa.   Amnesty  International  continues 
to  express  concern  for  15  persons  who  disappeared  in  1979  and 
who  are  presumed  dead,  including  the  Patriarch  of  the 
Ethiopian  Orthodox  Church. 

c.  Torture  and  Cruel,  Inhuman,  or  Degrading  Treatment  or 
Punishment 

Methods  of  torture,  including  severe  beatings,  crushing  of 
bones  of  the  hand,  and  the  use  of  electric  shocks,  although 
technically  illegal,  are  practiced  by  Ethiopian  officials  in 
cases  involving  insurgent  combatants  and  those  believed  to  be 
engaged  in  political  activities  against  the  Government. 
Amnesty  International  states  that  reports  indicate  torture  is 
often  practiced  on  Ethiopian  prisoners  interrogated  at  the 
Central  Revolutionary  Investigation  Department  ("Third  Police 
Station")  in  the  capital  and  is  routinely  used  in  other  parts 
of  the  country  to  interrogate  prisoners  about  opposition 
organizations . 

On  February  8,  1986,  the  TPLF  stormed  the  main  prison  in 
Makelle,  the  capital  of  Tigray  Province,  releasing  hundreds  of 
prisoners  who  provided  fresh  examples  of  torture  employed  by 
the  Ethiopian  Government.   Interviews  by  the  International 
Federation  of  Human  Rights  of  121  of  those  released 
documented  repeated  cases  of  beatings  of  prisoners  while 
either  bound  and/or  suspended  from  a  ceiling  and  of  forced 
immersion  in  hot  or  dirty  water,  sometimes  upside  down. 
Certain  low-level  officials  who  arbitrarily  held  prisoners 
without  charge,  however,  were  themselves  imprisoned  for  false 
arrest  and  torture  in  1985  and  1986. 


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d.  Arbitrary  Arrest,  Detention,  or  Exile 

Ethiopians  suspected  of  antigovernnient  actions  or  sentiments 
are  subject  to  arrest  or  detention  by  the  security  police 
without  charge  or  judicial  review.   Remarks  considered 
critical  or  derisive  of  the  Government,  failure  to  attend 
mandatory  political  or  kebele  (urban  neighborhood 
associations)  meetings,  and  suspicion  of  association  or 
sympathy  with  organizations  opposed  to  the  Government  are 
common  reasons  for  arbitrary  arrest  and  detention.   In  most 
cases,  political  detainees  are  held  incommunicado,  at  least 
initially,  and  sometimes  for  the  length  of  their  term  of 
incarceration.   The  term  of  confinement  for  a  suspect  held 
without  legal  charge  is  subject  to  the  whim  of  the  detaining 
official  or  agent.   Prisoners  have  been  held  without  charge 
for  periods  of  up  to  9  years. 

In  politically  sensitive  arrests,  the  Government  generally 
prefers  to  operate  in  secret,  taking  the  suspect  from  home  at 
night.   However,  arbitrary  arrest  is  not  limited  to  the 
politically  suspect.   Even  people  with  no  record  of  political 
activity  or  political  affiliations  have  been  arrested  and 
detained  for  months  or  longer  without  explanation. 

In  common  civil  and  criminal  cases  (but  not  political  cases 
brought  before  the  "special  court"  created  after  the  1974 
revolution),  lawyers  are  sometimes  permitted  to  appeal 
informally  to  government  authorities,  not  judges,  to  know  the 
charges  against  a  client  and  to  have  a  detainee  released  if  no 
charges  have  been  filed. 

In  May  1986,  over  700  prisoners  were  amnestied  from  prisons  in 
Addis  Ababa.   Throughout  the  year,  additional  small  groups  of 
prisoners  were  released  from  time  to  time. 

Amnesty  International  and  others  continue  to  press  for  the 
release  of  the  10  remaining  members  of  the  royal  family 
detained  since  the  revolution,  all  held  without  charge. 

e.  Denial  of  Fair  Public  Trial 

There  is  no  discernible  separation  between  the  executive 
branch  and  the  judiciary.   Courts  are  subject  to  political 
control  and  are  responsive  to  the  requests  and  directions  of 
Ethiopia's  leadership.   Ordinary  criminal  and  civil  cases  are 
generally  based  upon  the  submission  of  evidence  in  a  public 
setting.   Minor  cases  are  tried  at  the  kebele  level,  while 
more  serious  criminal  accusations  are  tried  in  courts  where 
the  accused  has  access  to  court-appointed  lawyers.   Members  of 
Ethiopia's  substantial  Muslim  population  may  elect  to  present 
their  civil  case  to  a  traditional  Shari'a  court,  if  both 
parties  agree. 

Ethiopian  political  detainees  generally  do  not  receive  trials, 
public  or  otherwise.   No  guarantee  of  a  public  trial  with 
counsel  exists  in  such  cases,  nor  is  the  accused  permitted  to 
present  witnesses  or  evidence  in  his  or  her  defense. 
Political  trials  are  almost  always  held  in  secret  with  only 
the  verdict  (if  even  that)  publicly  announced.   Those  cleared 
of  charges  or  whose  terms  have  been  completed  are  not  always 
promptly  released  from  prisons. 

There  are  conflicting  reports  about  the  current  number  of 
political  prisoners.   If  the  total  includes  those  taken 


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prisoner  as  a  result  of  ethnic  insurgencies,  it  could  well 
number  in  the  thousands.   Amnesty  International  believes 
several  thousand  were  still  being  held  at  the  beginning  of 
1986. 

f.   Arbitrary  Interference  with  Privacy,  Family,  Home,  or 
Correspondence 

Warrants  are  not  required  for  entry  into  or  search  of  offices 
or  private  homes.   As  a  result,  forced  entry  is  commonly  used 
by  the  police  and  security  forces,  particularly  during 
military  call-ups,  although  the  level  of  this  activity  is 
currently  much  lower  than  during  the  "Red  Terror"  period  of 
1977-78.   However,  surveillance  of  individuals,  both  visual  or 
through  use  of  listening  devices,  has  increased  and  continues 
with  no  legal  restraints. 

All  mail  is  subject  to  monitoring  by  the  Government. 
Ethiopian  citizens  can  be  called  in  at  any  time  for 
questioning  by  authorities  and  for  mandatory  kebele  meetings, 
political  rallies,  or  marches.   Refusal  to  appear  for  any  of 
the  above  may  result  in  imprisonment  without  hearing.   Every 
urban  Ethiopian  lives  under  the  watchful  eyes  of  local  kebele 
association  officials.   These  officials  monitor  visitors 
received,  items  brought  in  and  out  of  houses,  any  meetings, 
and  adherence  to  local  curfews. 

In  November  1984,  the  Government  began  a  massive  and  forced 
resettlement  of  famine  victims,  especially  from  the  northern 
regions  to  western  parts  of  the  country.   To  date  this  program 
has  involved  the  forcible  removal,  transport,  and  resettlement 
of  over  500,000  persons,  and  eventual  resettlement  of  up  to  1 
million  more  is  projected.   The  program,  as  conducted  in 
1984-85,  was  rife  with  abuses,  including  the  wholesale 
separation  of  families  and  inhumane  conditions  of  transport  to 
resettlement  sites  up  to  700  kilometers  distant.   Following  an 
international  outcry,  the  resettlement  program  was  suspended 
in  December  1985.   Efforts  were  made  to  improve  the  conditions 
in  the  resettlement  areas,  but  people  already  moved  were  not 
officially  permitted  to  return  to  their  homes,  although  some 
have  left  on  their  own.   Several  thousand  reportedly  attempted 
to  flee  towards  Sudan.   Suffering  from  hunger,  exposure,  and 
attacks  by  Sudanese  rebels,  fewer  than  a  thousand  reached 
Sudanese  relief  centers.   The  Ethiopian  Government  has 
publicly  stated  its  intention  to  resume  the  program  on  a 
"voluntary"  basis  in  the  near  future. 

One  tragic  byproduct  of  both  drought  and  resettlement  is  the 
"unaccompanied  children/orphan"  problem.   According  to 
conservative  estimates,  there  are  as  many  as  10,000 
unaccompanied  children  in  relief  areas  alone,  with  an 
additional  (and  presumably  sizable)  number  of  unaccompanied 
children  in  the  resettlement  areas.   By  any  accounting,  many 
of  these  children  are  "orphaned,"  that  is,  separated  from 
living  family  members  because  of  the  way  the  resettlement 
program  was  implemented.   While  there  have  been  small-scale 
efforts  at  family  reunification  in  several  regions  by  both 
government  and  private  voluntary  organizations,  the  Government 
has  not  yet  undertaken  a  countrywide  project  to  reunite  those 
children  who  are  not  true  orphans,  with  either  immediate  or 
extended  family  members.   Moreover,  despite  several  offers  by 
the  International  Committee  of  the  Red  Cross  (ICRC)  to  embark 
on  a  family  reunification  program  in  resettlement  areas,  the 
Government  has  not  yet  accepted  the  ICRC  proposal . 


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A  much  larger  progrcim  of  collecting  scattered  peasants  into 
artificial  and  sometimes  crowded  villages  continued  in  1986. 
According  to  government  figures,  4,587,187  Ethiopians  have,  as 
of  November  1986,  been  forced  into  such  villages.   Peasants 
cannot  avoid  participating  in  the  program,  and  so  far  almost 
everyone  living  in  "villagized"  areas  has  moved  to  the  new 
villages.   At  least  one  group  of  "villagized"  peasants  has 
reported  that  they  were  told  that  their  huts  would  be  burned 
down  by  party  officials  if  they  refused  to  move  to  the  new 
site.   The  Government  has  devoted  very  few  resources  to  this 
large  program,  so  peasants  must  dismantle  their  own  houses, 
transport  them  to  the  government-selected  village  site,  and 
reassemble  them.   Promised  social  services  such  as  schools, 
new  roads,  or  clinics,  though  promised,  are  rare. 

Approximately  30,000  additional  Ethiopians  appeared  in  refugee 
camps  in  Somalia  during  1986,  most  claiming  to  have  fled  the 
villagization  program.   Their  allegations  of  violent  coercion, 
religious  persecution,  rape,  and  crop  burning  associated  with 
the  program  in  the  Harerge  region  have  not  been  substantiated 
despite  extensive  investigations  in  the  area  by 
representatives  of  foreign  governments  and  international  and 
private  relief  organizations. 

Section  2   Respect  for  Civil  Liberties,  including: 

a.   Freedom  of  Speech  and  Press 

There  is  no  freedom  of  speech  or  press  in  Ethiopia.   The 
Government  owns  and  operates  all  information  media  and 
exercises  censorship  through  editorial  boards  and  the  Ministry 
of  Information.   Expression  of  unauthorized  political  opinions 
or  of  views  at  variance  with  the  official  government  line  can 
result  in  imprisonment.   Political,  economic,  and  social 
policies  in  Ethiopia  are  formulated  at  top  levels  of 
government,  then  disseminated  and  monitored  through  the 
government-controlled  media  and  government-organized  citizen 
groups,  i.e.,  women,  youth,  worker,  and  professional 
associations,  kebeles,  and  military  commissariats. 

The  Government  closely  monitors  the  pronouncements  of  public 
officials,  academics,  and  clergy.   Some  instructors  and 
professors  in  secondary  schools  and  at  the  university  have 
resisted  the  politicization  of  education.   Academic  freedom, 
although  circumscribed,  especially  in  the  political  and  social 
sciences,  still  finds  expression  at  the  university.   Private 
secondary  schools,  where  affluent  Ethiopians  can  send  their 
children,  are  mostly  free  of  political  orientation.   Many 
Ethiopians,  including  government  officials,  seek  to  send  their 
children  abroad  for  education. 

Books  and  magazines  can  be  confiscated  if  deemed  to  contain 
sentiments  opposed  to  the  revolution.   For  example,  the  August 
4,  1986,  issue  of  Time  magazine,  which  contained  a  lengthy 
article  on  Ethiopia  as  well  as  verbatim  excerpts  from  an 
interview  with  Chairman  Mengistu,  was  confiscated  by 
government  censors.   Foreign  magazines  and  newspapers  are  not 
readily  available  since  foreign  exchange  is  not  granted  to 
purchase  them.   Foreign  radio  broadcasts  are  widely  listened 
to  in  Ethiopia.   There  is  no  evidence  of  overt  attempts  by  the 
Government  to  interfere  with  radio  reception. 

During  1986  the  government-owned  television,  radio,  and 
newspapers  significantly  increased  their  use  of  American  and 


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Western  European  "soft"  news,  features,  and  entertainment 
products  in  an  effort  to  improve  the  quality  of  their 
programing  and  to  make  it  more  appealing  to  the  public. 
"Hard"  news,  however,  continues  to  come  almost  exclusively 
from  official  Ethiopian  and  Soviet/Eastern  European  sources. 

b.  Freedom  of  Peaceful  Assembly  and  Association 

Assembly  of  any  sort  not  previously  approved  by  the  Government 
is  strictly  forbidden  under  penalty  of  arrest.   In  contrast, 
attendance  at  government-sponsored  rallies,  meetings,  and 
parades  is  mandatory  and  enforceable  by  arrest  and  detention. 
Ethiopians,  traditionally  cautious  in  their  associations  with 
one  another  and  with  foreigners,  have  become  even  more  so 
under  the  present  regime.   There  is  a  pervasive  system  of 
informers  and  surveillance.   Frequent  or  close  association 
with  foreigners  can  result  in  questioning,  arrest,  and 
detention.   Professional  associations  such  as  the  Rotary  and 
Lions  Clubs  are  allowed  to  operate,  though  their  membership 
and  activities  presumably  are  monitored  by  the  Government. 

Trade  and  professional  associations  were  reorganized  in  1986 
by  order  of  the  Workers  Party  of  Ethiopia.   New  boards  were 
selected  for  these  groups  from  members  approved  by  the  party. 

Workers  are  not  permitted  to  organize  independently  in 
Ethiopia,  and  labor /management  negotiations  are  strictly 
controlled.   Collective  bargaining  does  not  exist.   Strikes 
and  slowdowns  are  forbidden.   The  only  labor  organization 
allowed  to  operate  is  the  government-controlled  All-Ethiopia 
Trade  Union  (AETU) .   The  AETU,  one  of  Ethiopia's  mass 
organizations,  is  a  political  group  used  by  the  Government  to 
implement  its  policies,  expand  party  control  within  the 
workplace,  and  prevent  work  stoppages.   Many  of  AETU's  top 
leaders  have  been  trained  in  Eastern  Europe,  and  the 
organization  has  close  ties  to  Soviet  and  Eastern  European 
labor  organizations.   The  1985  report  of  the  International 
Labor  Organization  (ILO)  committee  of  experts  criticized  the 
mandatory,  single  trade  union  structure  in  Ethiopia  and 
repeated  its  request  that  freedom  of  association  be  granted  to 
rural  workers  and  public  servants. 

c.  Freedom  of  Religion 

With  the  overthrow  of  the  Haile  Selassie  regime,  the  Ethiopian 
Orthodox  Church  lost  its  favored  position,  along  with  its 
lands  and  most  of  its  property.   The  Government  allows  the 
Orthodox  Church  and  the  Muslim  religion  (each  claims  about  50 
percent  of  Ethiopia's  population)  freedom  of  worship  and 
proselytism.   However,  the  Orthodox  Church  has 
government-appointed  officials  within  its  administration  to 
ensure  its  conformity  with  party  policies.   Party  members  are 
legally  prohibited  from  worshiping,  but  this  ban  is  not 
enforced . 

Orthodox  and  Muslim  holidays  are  recognized  by  the  government, 
and  officials  of  both  religions  are  allowed  to  exercise 
jurisdiction  over  civil  matters  such  as  marriage.   There  is, 
however,  a  continuing  effort  to  deemphasize  the  presence  and 
importance  of  religion  in  Ethiopian  life,  e.g.,  references  to 
any  deity  are  expunged  from  dialog  in  television  programs  and 
movies  and  are  forbidden  in  government  statements  or 
publications.   Nevertheless,  in  recent  years  there  has  been  a 
notable  resurgence  in  religious  observances  and  church 


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attendance,  deemed  by  most  observers  to  be  a  popular  response 
to  the  regime's  efforts  to  curb  religion. 

Other  religions,  particularly  foreign  Protestant  Evangelical 
organizations,  have  found  their  activities  sharply  curtailed 
by  the  Government,  through  the  closure  of  churches,  the 
seizure  and  nationalization  of  property  and  facilities,  and 
harassment  and  surveillance.   At  least  one  organization's 
congregation,  its  leader  imprisoned  since  1977,  now  assembles 
in  secret  "safe  areas"  for  worship  and  other  church-related 
meetings.   The  Government  gives  permits  to  foreign 
missionaries  to  enter  and  work  in  Ethiopia  in  limited  numbers, 
although  ostensibly  as  development  specialists,  not  as 
missionaries . 

Members  of  many  of  Ethiopia's  Evangelical  churches  were 
released  from  prison  in  1986.   A  general  trend  of  greater 
tolerance  by  government  officials  at  the  central  and  local 
levels  continued  during  the  year,  although  there  were 
exceptions.   Several  persons  at  a  Protestant  wedding  ceremony, 
including  the  groom,  were  arrested,  reportedly  for  assembling 
without  a  permit.   The  Jehovah's  Witnesses  church  remains 
totally  banned. 

Ethiopia's  small  Jewish  community  (the  Falashas)  live  in  areas 
of  insurgency  (Tigre,  Gondar) .   Stories  of  "genocidal"  actions 
by  Ethiopian  authorities  or  of  highly  brutal  behavior  toward 
Ethiopian  Jews  have  not  been  substantiated  by  American 
visitors  to  these  areas.   Jews  do  suffer  some  degree  of 
economic  discrimination.   The  many  craftsmen  are  not  allowed 
to  sell  their  wares  themselves  in  local  cities,  and  tourists 
are  only  infrequently  permitted  to  visit  a  few  of  their 
villages.   As  in  the  rest  of  Ethiopia,  visitors  are  required 
to  get  permission  to  visit  these  v^illages.   Large  numbers  of 
Ethiopian  Jews  have  surreptitiously  left  the  country  in  recent 
years.   The  Government  has  attempted  to  block  this  exodus  as 
part  of  its  overall  antiemigration  policy. 

d.   Freedom  of  Movement  within  the  Country,  Foreign 
Travel,  Emigration,  and  Repatriation 

Restrictions  on  freedom  of  travel  within  Ethiopia  exist  as  a 
result  of  the  insurgencies  (several  areas,  mainly  in  the 
northern  administrative  zones,  are  closed  to  travel  for 
security  reasons).   Moreover,  permission  is  required  for 
Ethiopian  citizens  to  change  their  places  of  residence,  and 
persons  considered  politically  suspect  can  be  forbidden  to 
travel  outside  their  home  areas. 

Travel  abroad  by  Ethiopians  is  closely  controlled.   A  passport 
application  can  be  denied  for  failure  to  attend  the  mandatory 
Sunday  morning  political  meeting  or  to  "volunteer"  for  kebele 
work  activities.   In  1986  the  Ethiopian  Government  appeared  to 
be  more  liberal  in  granting  passports  and  exit  visas  to  its 
citizens — applications  for  visas  to  visit  the  United  States 
were  up  by  4  0  percent. 

Emigration  is  highly  restricted,  except  in  special 
circumstances  such  as  marriage  to  or  adoption  by  a  foreign 
national.   Some  emigration  has  been  allowed  on  the  basis  of 
family  reunification.   Leaving  Ethiopia  without  authorization 
is  a  serious  offense  punishable  by  5  to  25  years'  imprisonment 
or,  in  exceptional  cases,  reportedly  by  death.   Nonetheless 
considerable  illegal  emigration  occurs  either  under  the 


109 


ETHIOPIA 

subterfuge  of  travel  abroad  for  business  or  to  visit  relatives 
or  by  arduous  treks  overland  and  surreptitious  crossing  of 
borders . 

The  Government  recognizes  the  right  of  voluntary  repatriation, 
and  its  proclamation  of  mass  amnesty  for  Ethiopians  living 
abroad  (numbering  more  than  1  million)  remains  in  effect.   The 
government  does  not  participate  in  forcibly  repatriating 
refugees  from  other  countries.   There  are  approximately 
180,000  Sudanese  resident  in  Ethiopia,  some  genuine  refugees, 
some  armed  Sudanese  dissidents,  while  others  are  persons 
displaced  by  drought  and  insurgency  in  southern  Sudan. 

Foreigners  in  Ethiopia,  always  required  to  obtain  a  travel 
permit  for  internal  travel,  found  that  permission  occasionally 
denied  in  1986.   Representatives  of  the  United  Nations  and  of 
foreign  assistance  programs  and  embassies  who  had  been  allowed 
to  travel  freely  in  connection  with  emergency  assistance 
programs  over  the  past  2  years  found  restrictions  being  placed 
on  such  travel  as  the  emergency  subsided  in  late  1986. 

Most  of  the  Ethiopians  displaced  by  the  drought/famine 
returned  from  Sudan  before  or  during  1986.   There  is  no 
evidence  that  they  were  mistreated  or  discriminated  against 
upon  their  return.   Also,  from  1983  to  1986,  400,000 
Ethiopians  spontaneously  returned  to  Ethiopia  from  Somalia, 
according  to  the  United  Nations  High  Commissioner  for 
Refugees.   Approximately  32,000  refugees  have  returned  from 
Djibouti  as  of  the  end  of  1986. 

Section  3   Respect  for  Political  Rights:   The  Right  of  Citizens 
to  Change  Their  Government 

Ethiopian  citizens  have  no  legal  right  or  peaceful  means  to 
change  their  Government.   All  power  to  determine  policy  in 
Ethiopia  resides  in  the  upper  echelons  of  government,  led  by 
Chairman  Mengistu  and  shared  less  each  year  by  a  small  group 
of  associates,  mostly  former  military  officers.   Political  and 
economic  policies  are  dictated  to  the  population.   The 
Provisional  Military  Government  of  Socialist  Ethiopia 
invariably  claims  to  be  speaking  on  behalf  of  all  the 
Ethiopian  people.   The  Workers'  Party  of  Ethiopia  (WPE) 
purports  to  offer  Ethiopian  citizens  a  means  of  participation 
in  government,  but  its  real  role  is  to  ensure  that  all 
government  ministries,  mass  organizations,  and  nationalized 
businesses  adhere  to  Marxist-Leninist  principles.   The  WPE, 
like  its  Soviet  counterpart,  is  a  rather  exclusive  group — not 
everyone  can  join.   Some,  such  as  higher-level  government 
officials,  are  required  to  join  if  they  want  to  keep  their 
jobs.   Kebeles,  the  primary  party/government  control 
mechanisms  at  the  local  level,  control  housing  allocation, 
basic  food  rationing,  political  indoctrination,  and  implement 
other  government  policies,  such  as  registering  and  selecting 
youths  for  national  military  service. 

The  highest  government  echelons  are  no  longer  dominated  by  the 
Amhara  ethnic  group  but  include  many  Oromos  and  a  few 
Eritreans  and  Tigreans.   Almost  all  senior  government  and 
political  figures  are  of  Christian  origin  although  the 
population  is  approximately  50  percent  Muslim.   Women  are 
poorly  represented  at  the  top  echelons  of  government.   Only 
one  woman,  a  vice  minister,  holds  a  senior  position. 


110 


ETHIOPIA 

Ethiopia's  new  constitution,  which  is  scheduled  to  be  voted  on 
in  a  referendum  in  early  1987,  would  provide  for  the  creation 
of  a  People's  Democratic  Republic  of  Ethiopia  and 
representation  by  "nationality"  or  ethnic  group  in  national 
and  regional  parliaments.   The  extent  of  autonomy,  if  any, 
that  actually  will  be  permitted  groups  such  as  the  Eritreans, 
Tigreans,  Somalis,  and  Oromos  is  not  clear.   Until  the  key 
issue  of  how  the  central  government  relates  with  its  many 
nationalities  is  resolved  to  the  satisfaction  of  ethnic 
minorities,  ant i government  insurgencies  can  be  expected  to 
continue. 

Section  4   Governmental  Attitude  Regarding  International  and 

Nongovernmental  Investigation  of  Alleged  Violations 
of  Human  Rights 

There  is  no  governmental  or  private  body  to  investigate 
alleged  human  rights  violations.   The  government  resists 
attempts  by  international  and  nongovernmental  organizations  to 
investigate  such  cases.   Representatives  of  the  International 
Committee  of  the  Red  Cross  (ICRC)  in  Addis  Ababa  are  not 
allowed  to  visit  political  prisoners  but  are  allowed  to  visit 
prisoners  of  war  from  the  1977-78  war  with  Somalia.   The  ICRC, 
however,  does  not  have  access  to  prisoners  taken  in  fighting 
with  insurgent  groups  or  to  prisoners  held  by  Ethiopian-backed 
rebel  groups  opposing  the  governments  of  Sudan  and  Somalia. 

In  March  1986,  the  United  States,  introduced  a  resolution  at 
the  annual  meeting  of  the  United  Nations  Human  Rights 
Commission  calling  for  monitoring  the  widespread  reports  of 
abuses  associated  with  Ethiopia's  resettlement  program. 
Ethiopia  vigorously  opposed  this  proposal  which  was  not 
brought  to  a  debate  or  vote,  despite  the  support  of  the 
Western  countries  for  a  vote  on  the  substance  of  the 
restriction . 

Ethiopia  is  not  a  signatory  to  any  of  the  U.N.  human  rights 
documents  nor  the  Organization  of  African  Unity's  Charter  of 
Human  and  Peoples'  Rights. 

Section  5  Discrimination  Based  on  Race,  Sex,  Religion, 
Language,  or  Social  Status 

Various  U.N.  studies  indicate  Ethiopian  women  are  subject  to 
many  disadvantages,  encountering,  inter  alia,  cultural  and 
traditional  biases,  marriages  imposed  at  a  very  young  age, 
hard  and  time-consuming  labor,  and  inadeguate  employment 
opportunities  and  decent  wages  in  urban  areas.   Village 
leadership  is  invariably  male,  and  all  clergy  are  male. 
However,  women  in  the  central  Ethiopian  cultures  (Oromo, 
Amhara,  Eritrea,  and  Tigre)  enjoy  economic  rights  equal  to 
those  of  men.   They  may  inherit,  sell,  or  buy  property  and 
engage  in  business.   Women  have  a  subservient  status  within 
the  home,  and  child  m.arriages  remain  common  in  some  rural 
areas  despite  opposition  by  the  Government.   Female 
circumcision  is  widely  practiced  among  Ethiopian  Orthodox 
families  and  is  less  common  with  some  other  groups,  although 
the  Government  has  stated  its  opposition  to  this  practice. 
The  Revolutionary  Ethiopian  Women's  Association,  a  mass 
organization  created  in  1980,  has  the  proclaimed  goal  of 
improving  the  status  of  women. 


Ill 

ETHIOPIA 

CONDITIONS  OF  LABOR 

The  minimum  age  of  14  for  nonfarm  labor  seems  to  be 
respected.   The  maximum  legal  workweek  of  48  hours  is 
generally  respected  in  practice.   "Voluntary"  work  campaigns 
at  places  of  employment  are  common.   Workers  "volunteer"  to 
work  extra  hours  and  weekends  so  that  factory  or  office  quotas 
can  be  achieved  but  receive  no  pay  for  these  hours.   Although 
the  right  of  workers  to  an  annual  vacation  is  guaranteed  by 
law,  in  practice  government  workers  are  usually  allowed  little 
time  off.   Employers  in  private  industry,  however,  are  obliged 
by  the  Government  to  respect  this  law.   Health  and  safety 
codes  for  the  workplace  are  rudimentary  and  remain 
unenforced.   Absenteeism  is  very  high  despite  punishments, 
including  beatings,  in  an  attempt  to  curtail  it. 

The  minimum  wage  in  Ethiopia  remains  about  $24  per  month. 
Additional  allowances  effectively  raise  the  minimum  wage  of  a 
full-time  employee  to  about  $34.   Day  laborers  in  the 
agricultural  sector  receive  almost  $1  per  day  plus  some 
payment  in  kind  (shelter  or  a  meal,  for  example).   Day 
laborers  in  the  urban  areas  receive  almost  $1.50  per  day  plus 
transportation  to  and  from  the  workplace.   The  minimum  wage  is 
currently  under  review;  a  new  rate  may  be  established  next 
year  . 


112 


U.S. OVERSEAS 


■LOANS  AND  GRANTS-  OBLIGATIONS  AND  LOAN  AUTHORIZATIONS 
(U.S. FISCAL  YEARS  -  MILLIONS  OF  DOLLARS) 


COJNTRY:  ETHIOPIA 


1934 


1935 


1986 


I. SCON 
L 
G 
A.  AID 
L 
G 
(SE 

a.FOO 

L 

G 
TITLE 

REPA 

PAY. 

TITLE 

=  .RE 

VOL. 

C.OTH 

L 

G 


.  ASSIST. -TOTAL. 

OANS , 

RANTS , 


OANS 

RANT 

C.SU 

0  FO 

OANS 

RANT 

I-T 

Y.  I 

IN 

II- 

LIEF 

RELI 

ER  E 

OANS 

RANT 

PEA 

NAR 

OTH 


PP. ASSIST.) .., 
R  PEACE 


S , 

OTAL , 

N  $-LOANS.... 
FOR.  CURR...., 
TOTAL 

.EC.OEV  5  WFP, 
EF  AGENCY...., 
CON.  ASSIST.., 


CE  CORPS, 
COTICS.., 
ER , 


II.'IIL.  ASSIST. -TOTAL. 

LOANS 

GRANTS , 

A. MAP  GRANTS 

3. CREDIT  FINANCING., 
C.INTL  MIL.ED.TRNG. , 
O.TRAN-EXCESS  STOCK, 
E. OTHER  GRANTS 


III. TOTAL  ECON.  3  MIL, 

LOANS.  ... , 

GRANTS 


9.3 

37.4 

0.0 

0.0 

0.0 

0.0 

9.3 

87.4 

0.0 

0.0 

0.5 

0.0 

0.0 

0.0 

0.0 

0.0 

0.5 

0.0 

0.0 

0.0 

0.0 

9.3 

86.9 

0.0 

0.0 

0.0 

0.0 

9.8 

36.9 

0.0 

0.3 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

9.8 

36.9 

0.0 

1.9 

14.4 

0.0 

7.9 

72.5 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

9.0 

0.0 

0.0 

0.0 

0.0 

'J.O 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

9.3 

37.4 

0.0 

0.0 

0.0 

0.0 

9.8 

87.4 

0.0 

0TH'=R    us    LOANS 3.3 

D. 
0, 
0, 

.0                0.0 

EX-IM    BANK    LOANS 3.3 

ALL    OTHER 0.0 

.0                0.0 

.0                0.0 

ASSISTANCE    FROM    INTERNATIONAL     AGENCIES 
1934              1935               1936 

1946-86 

TOTAL , 

169.3 

211.4 

67.5 

1397.9 

IBRD 

0.0 

0.0 

•0.0 

103.6 

IFC 

0.0 

0.0 

0.0 

15.5 

IDA 

105.0 

166.0 

67.5 

838.6 

ID3 

0.0 

0.0 

0.0 

■0.0 

AD3 

0.0 

0.3 

0.0 

0.0 

AFOB 

39.8 

39.5 

0.0 

226.7 

UNDP 

24.5 

5.9 

■       0.0 

131.4 

OHER-UN 

3.0 

0.0 

0.0 

77.1 

EEC 

0.0 

0.0 

0.0 

0.0 

113 


GABON 


Gabon  has  a  single-party  political  system  in  which  effective 
political  power  is  concentrated  in  the  presidency.   That  office 
has  been  held  since  1967  by  President  Omar  Bongo,  who  is  also 
head  of  the  party.   A  March  1983  amendment  to  the  party 
constitution  restricts  candidacy  in  future  presidential 
elections  to  the  "Secretary  General -Founder  of  the  Democratic 
Party  of  Gabon,"  thus  reserving  presidential  candidacy  for 
President  Bongo.   He  was  reelected  President  on  November  9, 
1986.   In  practice,  presidential  power  is  limited  by  the 
complexity  of  the  governmental  structure  and  the  diffusion  of 
power  through  60  cabinet-level  officials  led  by  a  Prime 
Minister.   A  120-member  National  Assembly  is  elected  from 
slates  chosen  by  the  single  party  and  meets  regularly,  but  it 
has  little  real  power. 

Although  still  a  developing  country,  Gabon  has  one  of  the 
highest  per  capita  incomes  ($3,400  in  1986)  in  sub-Saharan 
Africa  due  to  its  significant  petroleum  and  mineral  resources 
and  its  small  population.   While  income  distribution  is  skewed 
in  favor  of  the  modern  urban  sector  as  opposed  to  the 
traditional,  agricultural  sector,  most  Gabonese  have  benefited 
in  some  measure  from  the  country's  strong  economy. 
Nevertheless,  the  drop  in  world  oil  prices  beginning  in  late 
1985  has  led  to  a  sharp  contraction  in  the  economy  which  will 
likely  continue  in  1987,  and  the  country's  140,000  immigrant 
workers  have  been  accused  of  taking  jobs  from  the  local  work 
force.   In  general,  economic  performance  has  benefited  from 
longstanding  government  policies  supporting  private  enterprise 
and  encouraging  foreign  investment. 

The  country's  1961  Constitution  guarantees  protection  of  the 
individual  and  respect  for  the  integrity  of  the  person,  and, 
with  isolated  exceptions,  these  rights  are  respected  in 
practice.   Political  rights,  however,  are  not  guaranteed  under 
the  Constitution,  and  active  political  opposition  to  the  sole 
legal  party  is  not  permitted.   Public  criticism  of  particular 
government  actions  and  policies  is  allowed  and  occurs  with  some 
regularity  within  the  context  of  the  single  party,  although 
direct  attacks  on  the  President  are  prohibited.   There  is  no 
evidence  of  systematic  police  or  other  repression  of  the 
population.   Gabon  released  the  last  of  its   political 
prisoners  in  1985. 

On  January  21,  1986,  Gabon  signed  the  1984  United  Nations 
Convention  Against  Torture  and  Other  Cruel,  Inhuman,  or 
Degrading  Treatment  or  Punishment.   On  June  26,  1986,  Gabon 
completed  the  process  of  signing,  ratifying,  and  publishing 
adherence  to  the  Organization  of  African  Unity's  Human  Rights 
Charter . 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1   Respect  for  the  Integrity  of  the  Person,  Including 
Freedom  from: 

a.  Political  Killing 

There  were  no  known  political  killings  or  summary  executions. 

b.  Disappearance 

There  were  no  known  cases  of  abductions  or  hostage-taking  by 
government  or  any  other  groups.   The  authorities  are  sometimes 
slow  to  advise  the  families  of  accused  criminals  or  detainees 


114 


GABON 

who  are  arrested,  but  there  has  been  no  evidence  of  attempts  to 
suppress  news  of  an  arrest. 

c.  Torture  and  Cruel,  Inhuman,  or  Degrading  Treatment  or 
Punishment 

In  past  years  the  political  opposition  group,  the  Movement  for 
National  Recovery  (MORENA) ,  based  in  Paris,  alleged  that 
several  people  detained  in  the  Libreville  prison  on  political 
charges  were  mistreated  or  kept  in  degrading  conditions. 
However,  family  members  reported  no  serious  mistreatment,  and 
these  allegations  were  not  repeated  in  1986.   Police  are 
believed  to  be  rough  but  not  brutal  in  their  treatment  of 
suspected  criminals.   Prison  conditions  are  harsh. 

d.  Arbitrary  Arrest,  Detention,  or  Exile 

In  Gabon,  "acts  against  the  security  of  the  state"  and  "actions 
against  the  Chief  of  State,"  which  can  include  advocating  a 
multiparty  system,  are  punishable  crimes.   There  were  no 
reports  in  1986  of  detention  without  trial  of  persons  accused 
of  violations  of  criminal  law.   Gabonese  law,  amended  in 
September  1983  and  ratified  by  the  National  Assembly  early  in 
1984,  provides  guarantees  against  arbitrary  detention  according 
to  clearly  articulated  judicial  procedure  which  is  observed  in 
practice.   Previously,  there  were  no  legal  protections  against 
arbitrary  detention. 

Forced  labor  is  not  used  as  a  means  of  political  coercion  or 
racial  or  social  discrimination.   Some  prison  sentences  for 
serious  crimes  include  hard  labor  as  part  of  the  sentence 
during  incarceration. 

e.  Denial  of  Fair  Public  Trial 

The  legal  system,  based  upon  French  law,  customary  law,  and  the 
1961  Constitution,  gives  the  President  a  powerful  role  and 
functions  fairly  effectively.   The  right  to  a  fair  public  trial 
is  guaranteed  by  the  Constitution  and  has  generally  been 
respected  in  practice  in  criminal  cases.   In  security/political 
cases,  however,  there  has  been  more  controversy  and 
inconsistency.   A  1982  trial  of  29  alleged  members  of  MORENA 
took  place  in  public  with  representatives  of  the  international 
press  and  Amnesty  International  present,  while  a  1983  trial  of 
4  political  dissidents  took  place  in  secret.   The  charges 
leveled  against  the  accused  were  basically  the  same  in  both 
cases,  namely,  printing  and  distributing  antigovernment  tracts 
and  encouraging  the  Government  of  France  to  use  its  influence 
in  Gabon  to  bring  about  a  multiparty  political  system.   No 
known  political  prisoners  are  currently  being  held.   All  those 
convicted  in  the  1982  trial  were  granted  full  pardons  by 
President  Bongo  on  June  19,  1986. 

The  Gabonese  court  system  is  modeled  on  the  French  judicial 
system.   Trial  courts  hear  questions  of  fact  and  law  in  civil, 
commercial,  social,  criminal,  and  administrative  cases.   A 
second  level  of  appeals  courts  is  divided  into  two  general 
appellate  courts,  with  a  separate  appeals  court  for  criminal 
cases.   Gabon's  highest  judicial  body,  the  Supreme  Court,  is 
divided  into  four  chambers.   There  are  also  three  exceptional 
courts:   a  military  tribunal  which  handles  all  military 
offenses,  a  state  security  court,  and  a  special  criminal  court 
which  deals  with  fraud  and  embezzlement  of  public  funds  by 
officials . 


115 


GABON 

The  judiciary  is  implicitly  susceptible  to  executive  influence, 
since  Gabon's  Constitution  gives  the  President  the  authority  to 
appoint,  transfer,  and  dismiss  judicial  officials. 

f .   Arbitrary  Interference  with  Privacy,  Family,  Home,  or 
Correspondence 

The  various  police  and  security  units  monitor  alleged  dissident 
political  activity,  including  dissident  telephone 
conversations,  but  interference  in  the  daily  life  of  the 
populace  is  relatively  rare. 

Section  2   Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press 

There  are  limits  on  these  rights  in  Gabon.   No  direct  public 
criticism  of  President  Bongo  is  permitted,  and  no  advocacy  of  a 
multiparty  political  system  by  the  media  or  individuals  is 
tolerated.   The  country's  single  daily  newspaper,  which  is 
government  owned,  regularly  prints  columns  attacking  alleged 
inefficiency  or  corruption  in  various  government  offices. 
Foreign  magazines  and  newspapers,  notably  French  publications 
and  magazines  printed  elsewhere  in  Africa,  which  sometimes 
criticize  the  President  and  the  one-party  system,  generally 
circulate  freely  in  Gabon,  although  occasionally  particular 
issues  of  publications  are  seized  by  the  police  and  a  few 
publications  are  banned.   Journalists  are  considered  to  be 
state  employees  and  are  expected  to  expound  on  themes  as 
directed  by  the  Government.   The  policies  of  the  Government  are 
sometimes  debated  in  public  forums.   The  President  sometimes 
holds  press  conferences,  and  his  ministers  have  submitted  to 
lively  direct  questioning  on  television  on  a  broad  range  of 
domestic  policy  issues  such  as  education,  public  housing,  and 
transportation. 

b.  Freedom  of  Peaceful  Assembly  and  Association 

Political  activity  outside  the  Democratic  Party  of  Gabon  is 
illegal.   The  Government  does  not  interfere  in  the  affairs  of 
nonpolitical  organizations.   In  some  sectors,  for  example, 
sports  clubs  and  social  service  organizations  have  been 
formed.   Many  have  national  programs  under  government  auspices, 
but  diverse  private  groups  and  events  sponsored  by  private 
companies  also  exist. 

Labor  unions  may  organize  but  must  be  affiliated  with  the 
government-sponsored  Labor  Confederation  of  Gabon  (COSYGA), 
which  is  considered  a  specialized  organ  of  the  Democratic  Party 
of  Gabon  and  the  sole  labor  federation.   The  Labor  Code  (1978) 
and  the  General  Convention  of  Labor  (1982)  govern  general 
working  conditions  and  benefits  for  all  sectors.   Unions  in 
each  sector  negotiate  with  management  over  specific  pay  scales, 
working  conditions,  and  benefits  applicable  to  their  industry. 
Representatives  of  labor,  management,  and  government  meet 
annually  to  agree  on  the  minimum  wage,  which  is  determined 
within  guidelines  provided  by  the  Government.   Under  Gabonese 
law,  all  strikes  are  illegal  which  occur  before  remedies 
prescribed  under  the  Labor  Code  have  been  exhausted.   No 
strikes  were  reported  in  1986,  although  in  previous  years 
workers  have  organized  strikes  or  job  actions  over  wages  and 
working  conditions.   The  Labor  Confederation  of  Gabon  is  a 
member  of  the  Organization  of  African  Trade  Union  Unity. 


116 


GABON 

It  is  estimated  that  over  half  of  Gabon's  90,000  salaried 
private  sector  workers  are  unionized.   Government  employees  are 
not  permitted  to  belong  to  unions.   Agreements  reached  between 
labor  and  management  in  each  sector  also  apply  to  nonunion  and 
expatriate  labor.   According  to  the  Labor  Code,  workers  may 
individually  or  collectively  take  complaints  of  code  violations 
to  arbitration  and  may  appeal  to  labor  and  national  courts. 
These  provisions  are  respected  in  practice. 

c.  Freedom  of  Religion 

The  Constitution  guarantees  religious  freedom  and  tolerance. 
However,  proselytizing  has  sometimes  been  discouraged,  and  in 
1985  four  small  syncretistic  sects  were  banned  because  of 
alleged  intolerance  of  antigovernment  activities.   Nonetheless, 
Christian,  Muslim,  and  animist  religions  all  flourish  in  Gabon, 
and  public  worship  is  unrestricted.   A  number  of  different 
religious  groups  operate  schools.   There  is  no  political  or 
economic  discrimination  because  of  religious  preference. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign 
Travel,  Emigration,  and  Repatriation 

Movement  within  the  country  and  return  to  Gabon  from  abroad  are 
normally  not  restricted  by  the  Government.   Government 
employees,  however,  must  obtain  permission  to  travel  abroad, 
and  private  citizens  must  obtain  exit  permits.   Immigration 
laws  and  presidential  decrees  promulgated  in  mid-1986  imposed 
heavy  monetary  guarantee  requirements  on  non-French  expatriates 
working  in  Gabon  and  levied  $100  exit  visa  fees  for  each 
departure  from  the  country.   Since  mid-1983,  the  Government  has 
slightly  tightened  restrictions  on  the  entry  and  resettlement 
of  displaced  persons,  but  many  individuals  who  have  been  deemed 
to  have  a  "well-founded  fear  of  persecution"  in  their  country 
of  origin  have  been  given  permission  to  stay  in  Gabon.   There 
have  been  no  reported  cases  of  involuntary  repatriation.   Those 
refugees  or  displaced  persons  who  wish  to  repatriate 
voluntarily  are  allowed  to  do  so. 

Section  3   Respect  for  Political  Rights:   The  Right  of  Citizens 
to  Change  Their  Government 

Gabon  is  governed  by  a  centralized,  single-party  regime  in 
which  President  Omar  Bongo  exercises  most  political  power. 
Major  political  and  economic  decisions  are  made  by  the 
President,  usually  in  consultation  with  cabinet-level 
officials.   This  group  of  60  includes  representatives  of  all 
the  country's  major  ethnic,  geographic,  and  political  groups. 
Through  this  mechanism,  Gabon's  varied  interest  groups  are 
heard,  given  access  to  political  patronage,  and  consulted  on 
national  resource  distribution.   The  Fang,  an  ethnic  group 
comprising  about  35  percent  of  the  population,  feel  themselves 
to  be  underrepresented.   Fear  of  Fang  dominance  by  the 
remaining  65  percent  has  contributed  to  the  President's 
political  control.   The  need  to  maintain  the  balance  of 
interests  represents,  therefore,  the  major  check  on 
presidential  power.   The  very  size  and  complexity  of  the 
government  structure  is  another  significant  factor.   Opposition 
political  parties  are  not  permitted.   Membership  in  the  single 
political  party  is  open  to  all  Gabonese  but  is  not  required. 
Elections  below  the  presidential  level  are  sometimes  contested, 
but  all  candidates  must  be  approved  by  the  Democratic  Party  of 
Gabon.   The  central  committee  of  the  ruling  party  was  expanded 
in  September  1986  and  for  the  first  time  included  two  former 
members  of  the  MORENA  opposition  group. 


117 


GABON 

Section  4   Governmental  Attitude  Regarding  International  and 

Nongovernmental  Investigation  of  Alleged  Violations 
of  Human  Rights 

President  Bongo  has  invited  representatives  of  Amnesty 
International  and  other  human  rights  organizations  to  visit 
Gabon.   The  United  Nations  High  Commissioner  for  Refugees 
functions  in  Gabon  under  the  aegis  of  the  United  Nations 
Development  Program. 

Section  5   Discrimination  Based  on  Race,  Sex,  Religion, 
Language,  or  Social  Status 

In  recent  years,  women  have  played  an  increasing  role  in  the 
economic,  political,  and  cultural  life  of  the  country, 
particularly  in  urban  areas.   The  Government  and  party  have 
promoted  women's  rights,  including  formation  of  the  National 
Commission  for  the  Promotion  of  Women  in  1984,  which  called  for 
increased  support  for  health  care,  nutrition,  and  literacy 
programs  for  women.   Although  no  women  are  among  the  top  4  0 
full  government  ministers,  4  women  occupy  cabinet  positions  as 
secretaries  of  state,  and  9  others  are  in  junior  minister 
positions.   In  September  1986,  five  women  became  members  of  the 
political  bureau  of  the  Democratic  Party  of  Gabon,  the  first 
women  to  serve  at  this  level  of  the  party.   Women  are  also 
represented  in  the  judiciary  and  occupy  13  seats  in  the 
National  Assembly. 

Access  to  the  Government's  social  programs  is  open  to  all 
Gabonese  citizens  on  a  nondiscriminatory  basis. 

CONDITIONS  OF  LABOR 

Labor  legislation  provides  broad  protection  to  workers.   The 
minimum  wage  for  unskilled  labor  since  April  1985  has  been 
about  $200  per  month  for  Gabonese  and  about  $150  for 
foreigners.   Owing  to  labor  shortages,  most  salaries  are  much 
higher.   There  has  been  little  unemployment  for  Gabonese 
wishing  to  enter  the  wage  economy,  though  it  is  increasing  as 
the  economy  reacts  to  the  drop  in  oil  prices. 

No  minor  below  the  age  of  16  may  work  without  the  authorization 
of  the  Ministries  of  Labor,  Public  Health,  and  Education.   It 
is  rarely  granted  and  few  employees  are  below  the  age  of  18. 
Work  over  40  hours  per  week  must  be  compensated  with  overtime, 
and  the  workweek  must  include  a  minimum  rest  of  48  consecutive 
hours.   Pregnant  women  have  a  right  to  14  weeks  of  leave  during 
pregnancy,  including  6  weeks  before  delivery.   The  Labor  Code 
describes  enforcement  of  occupational  health  and  safety 
standards,  which  are  established  by  decree  of  the  Minister  of 
Health. 


118 


U.  5. OVERSEAS 


■LOAMS  ANO  GRANTS-  OBLIGATIONS  AND  LOAN  AUTHORIZATIONS 
(U.S. FISCAL  YEARS  -  MILLIONS  OF  DOLLARS) 


COJNTRY:  GABON 


1  984 


1985 


1986 


:.ECON.  ASSIST.-TOTAL... 

LOANS , 

GRANTS , 

A.  AID  , 

LOANS 

GRANTS , 

(SEC. SU°P. ASSIST.)  .., 

a. FOOD  FOR  PEACE , 

LOANS , 

GRANTS , 

TlTLc  I-TDTAL 

REPAY.  IH     i-L0AN3. .  .  .  , 
PAY.  IN  FOR.  CURR...., 

TITLE  II-TOTAL 

E. RELIEF. EC.  l^ev  <i  WFP. 

VOL. RELIEF  A  :i  ="iC  Y  .  .  .  .  , 

C. OTHER  ECON.  ASSIST... 

LOANS 

GRANTS. 

PEA:c  CORPS 

NARCOTICS , 

OTHER , 


0.0 
0.0 
0.0 
0.0 
O.D 
0.0 
1.7 
0.0 
1  .7 
1  .7 
0.0 
0.0 


1.8 
0.0 
1  .3 
0.0 
0.0 
0.0 
0.0 
0.0 
0.0 
0.0 
0.0 
0.0 
0.0 
0.0 
0.0 
0.0 
1.3 
0.0 
1  .8 
1.8 
0.0 
0.0 


1.9 

0.0 
1.9 
0.0 
0.0 
0.0 
0.0 
0.0 
0.0 
0.0 
0.0 
0.0 
0.0 
0.0 
0.0 
0.0 
1.9 


0.0 


II.>1IL.  ASSIST.-TOTAL.., 

LOANS 

GRANTS , 

A. MAP  GRANTS 

3. CREDIT  FINANCING.... 
:.INTL  MIL.ED.TRNG.... 
Q.TRAN-EXCESS  STOCK.. 
E. OTHER  GRANTS , 


0.1 
0.0 
0.1 
0.0 
D.O 
0.1 
0.0 
0.0 


0.1 
0.0 
0.1 
0.0 
0.0 
3.1 
0.0 
0.0 


III. TOTAL  ECON. 

LOANS 

GRANTS.  ..  . 


S  MIL..  . 


4.3 
3.0 
1  .8 


1.9 
0.0 
1.9 


2.0 
0.0 
2.0 


OTHER  US  LOANS. . 

7. 
7. 

0, 

.4 

,4 
.0 

0. 
0. 

0, 

.0 
,0 
.0 

0. 

0. 
0, 

.0 

EK-IM  BANK 
ALL  OTHER. 

LOANS 

,0 

.0 

ASSISTANCE 

FROM 

INTERNATIONAL 
1934      1985 

AGENCIES 
1986 

1946- 

-86 

TOTAL 

0.6 

52.6 

0.0 

249.2 

IBRD 

0.0 

0.0 

0.0 

69.1 

IFC 

0.0 

0.0 

..0.0 

0.0 

IDA 

0.0 

0.0 

0.0 

0.0 

ID3 

0.0 

0.0 

0.0 

0.0 

A03 

0.0 

0.0 

0.0 

.0.0 

AFOB 

0.0 

42.5 

0.0 

60.6 

UNDP 

0.6 

0.0 

0.0 

18.4 

OTHER-UN 

0.0 

0.0 

.   0.0 

1.2 

ee: 

0.0 

10.0 

0.0 

99.9 

119 


THE  GAMBIA 


A  former  British  colony  on  the  West  African  coast.  The  Gambia 
is  a  parlimentary  democracy  with  an  elected  president.   Until 
the  bloody  coup  attempt  in  July  1981,  The  Gambia  had  a  history 
of  political  stability  under  the  leadership  of  its  first  and 
current  President,  Sir  Dawda  Jawara.   His  ruling  People's 
Progressive  Party  has  dominated  the  House  of  Representatives 
since  independence  in  1965,  but  several  opposition  parties 
actively  participate  in  the  political  process.   Two  new 
political  parties  were  formed  in  1986  and  will  join  the  ruling 
party  and  the  existing  opposition  National  Convention  Party  in 
contesting  the  presidential  election  scheduled  for  March  1987. 

Given  impetus  by  the  coup  attempt  and  formalized  by  the 
Confederation  Treaty  of  1981  establishing  Senegambia,  the 
process  of  confederation  with  Senegal  continued  during  1986, 
albeit  slowly,  with  discussions  mainly  in  the  defense  and 
economic  areas.   The  Gambia  has  a  small  army  and  a  modest 
navy.   The  Gambia  gendarmerie  has  been  organized  under  a 
Senegalese  officer,  and  the  first  company  trained  by  British 
officers  has  now  been  integrated  with  Senegalese  troops  into  a 
confederal  battalion. 

The  Gambia's  population  of  762,000  consists  largely  of 
subsistence  farmers  growing  rice  and  groundnuts  (peanuts),  the 
country's  primary  export  crop.   The  Gambia  continued  in  1986  a 
stringent  program  of  economic  reform  which  in  mid-year  included 
new  arrangements  with  the  International  Monetary  Fund,  the 
World  Bank,  and  other  donors  to  allow  The  Gambia  to  reschedule 
its  debt  and  receive  critical  new  loans. 

The  Gambia  continued  the  human  rights  improvement  begun  in  1985 
with  the  lifting  of  the  state  of  emergency.   Its  human  rights 
record  in  1986  was  good.   In  April  1986,  the  Government 
commuted  the  death  sentences  of  13  more  persons  convicted  of 
treason  and  other  crimes  connected  with  the  1981  coup  attempt. 
Presently  there  is  only  one  outstanding  treason-appeal  case, 
which,  after  several  postponements,  is  scheduled  to  be  reviewed 
in  1987  by  the  Criminal  Appeals  Court. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1   Respect  for  the  Integrity  of  the  Person,  Including 
Freedom  from: 

a.  Political  Killing 

There  were  no  instances  of  political  killings. 

b.  Disappearance 

There  were  no  known  allegations  of  abduction  or  secret 
detention  by  the  Government  or  by  any  other  group. 

c.  Torture  and  Cruel,  Inhuman,  or  Degrading  Treatment  or 
Punishment 

The  Constitution  contains  prohibitions  against  torture,  and 
cruel,  inhuman,  and  degrading  punishment.   There  were  no 
allegations  of  torture  in  1986.   Prison  conditions  are  severe, 
but  there  have  been  only  isolated  reports  of  mistreatment  of 
prisoners.   There  are  segregated  prison  facilities  for  men  and 
women  of  both  maximum  and  minimum  security  types.   The 
Government  allows  prison  visits  by  representatives  of  the  local 
Red  Cross  and  by  close  family  members. 


66-986  0-87-5 


120 


THE  GAMBIA 

d.  Arbitrary  Arrest,  Detention,  or  Exile 

Based  on  British  legal  practice,  there  are  we 11 -developed 
constitutional  and  legal  procedures  governing  the  arrest, 
detention,  and  bringing  to  trial  of  persons  accused  of  crimes. 
Under  these  procedures,  a  detained  person  must  be  brought  to 
trial  within  1  week  of  arrest.   This  waiting  period,  however, 
can  be  extended  twice,  making  21  days  the  maximum  period  of 
detention  before  trial. 

The  Government  scrupulously  observed  its  laws  in  handling  the 
1,091  persons  detained  after  the  coup  attempt.   Under  the 
Emergency  Act  of  1981,  which  was  abrogated  in  February  1985, 
the  Government  could  and  did  order  the  detention  of  persons  who 
were  considered  to  have  been  involved  in  acts  prejudicial  to 
public  safety  for  up  to  14  days  without  a  detention  order  but 
with  the  right  to  legal  counsel. 

The  Labor  Administration  Act  prohibits  forced  labor. 

e.  Denial  of  Fair  Public  Trial 

Sixty-two  persons  were  sentenced  to  death — after  lengthy  public 
trials — for  crimes  committed  in  connection  with  the  1981  coup 
attempt.   Except  for  one,  the  cases  have  now  gone  through 
appeal,  and  the  President  in  each  case  brought  to  him  has 
granted  executive  clemency.   No  executions  have  taken  place. 
There  are  currently  no  known  political  prisoners  in  The 
Gambia.   One  of  the  1981  coup  leaders  was  arrested  in  1985, 
tried,  and  sentenced  to  death  in  1986.   His  case  is  now  in  the 
criminal  appeals  court  and  is  scheduled  to  be  reviewed  soon. 

To  help  discourage  future  coup  attempts.  The  Gambia  Parliament 
enacted  a  law  in  May  1986  which  imposes  the  death  penalty  for 
treason,  but  which  also  includes  the  safeguard  that  a  person 
cannot  be  convicted  of  treason  on  the  uncorroborated  statement 
of  only  one  witness. 

Three  kinds  of  law  operate  in  The  Gambia;   general,  Shari'a, 
and  customary  law.   Shari'a,  governing  Muslims,  is  observed  in 
marriage  and  divorce  proceedings.   Customary  law  covers 
marriage,  inheritance,  divorce,  land  tenure  and  utilization, 
local  tribal  government,  and  all  other  civil  and  social 
relations  originating  in  the  traditional  religious  and  tribal 
situation  of  the  country.   General  law,  based  on  English 
statutes  and  modified  to  suit  The  Gambian  context,  governs 
criminal  cases  and  trials  and  most  organized  business 
practices.   If  there  were  a  conflict  between  general  law  and 
Shari'a,  general  law  would  prevail. 

The  Constitution  guarantees  to  criminal  defendants  the 
traditional  rights  of  the  English  legal  system,  such  as  the 
presumption  of  innocence,  the  right  of  the  accused  to  be 
informed  promptly  of  the  charges,  and  the  right  to  a  public 
trial.   If  released  on  bail,  the  accused  person  need  not  come 
to  trial  until  the  investigation  is  completed,  and  there 
apparently  is  no  maximum  time  limit  for  investigations. 
Appeals  normally  proceed  from  the  Supreme  (trial)  Court  to  the 
Court  of  Appeals,  the  country's  highest  tribunal.   Under  the 
Emergency  Act,  the  Government  established  a  special  division  of 
the  Supreme  Court,  comprised  of  judges  and  prosecuting  and 
defense  attorneys  from  neighboring  English-speaking  countries 
having  the  same  basic  legal  system  as  The  Gambia.   This  unusual 
step  helped  overcome  the  shortage  of  trained  legal  personnel. 


121 


THE  GAMBIA 

avoided  overwhelming  the  regular  judicial  system,  and 
demonstrated  publicly  the  Government's  concern  for  impartiality. 

f.   Arbitrary  Interference  with  Privacy,  Family,  Home,  or 
Correspondence 

The  Constitution  provides  guarantees,  which  are  respected  in 
practice,  against  arbitrary  search  of  person  and  property.   The 
Constitution  permits  the  voluntary  submission  by  a  suspect  to 
search,  or  a  mandatory  search  if  it  is  reasonably  required  in 
the  interests  of  national  defense  or  other  public  interest. 
Under  the  criminal  code,  search  warrants  based  on  probable 
cause  are  issued  by  magistrates  upon  application  by  the 
police.    There  are  a  number  of  police  and  military  check 
points  in  and  around  Banjul.   Drivers  are  stopped  and  vehicles 
are  searched  periodically. 

The  rights  of  family  are  of  extreme  importance  in  The  Gambia's 
conservative  Muslim  society.   Marriage,  the  raising  of 
children,  and  religious  instruction  are  regulated  by  a 
combination  of  personal  preference  and  ethnic  and  religious 
tradition.   The  Government  does  not  normally  intrude  in  family 
matters.   There  is  no  effort  to  censor  or  control  personal 
correspondence  or  communications. 

Section  2  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press 

The  Constitution  guarantees  press  freedom,  and  the  Government 
does  not  attempt  to  censor  published  materials  whether  they 
originate  within  or  outside  the  country.   However,  the 
Emergency  Act,  with  its  broad  powers  of  detention,  did  have  an 
inhibiting  effect  on  criticism  of  the  Government  by  the  few 
independent  news  sheets.   In  practical  terms,  The  Gambia,  with 
its  small,  mainly  rural,  largely  illiterate,  and  multilingual 
population,  does  not  support  an  active  press.   There  are  no 
daily  newspapers.   There  is  a  government  weekly  newspaper  and 
several  independent,  intermittently  published,  mimeographed 
news  sheets.   Both  the  opposition  and  the  independent  press  are 
sometimes  very  critical  of  the  Government.   There  is,  however, 
some  degree  of  self-censorship  in  the  government-owned  media, 
which  exercises  restraint  in  reporting  criticism  of  the 
Government.   There  is  no  television  in  The  Gambia,  although 
Senegalese  stations  can  be  received. 

The  Government  dominates  the  media  through  Radio  Gambia,  but 
there  have  been  no  reported  instances  of  government 
interference  with  the  one  commercial  radio  station  which  mainly 
broadcasts  music.   A  few  foreign  magazines  and  newspapers  are 
available  in  the  capital. 

b.  Freedom  of  Peaceful  Assembly  and  Association 

In  general,  there  is  no  interference  with  the  freedom  of 
association  and  assennbly,  which  is  guaranteed  by  the 
Constitution.   The  Government  almost  always  grants  permits  for 
meetings  but  requires  that  these  meetings  be  open  to  the  public. 

Trade  unions  are  small  and  fragmented  and  are  a  minor  element 
in  Gambian  economic  and  political  life.  Less  than  20  percent 
of  the  work  force  is  engaged  in  the  small,  wage  sector,  where 
unions  normally  are  active.  The  Gambian  Workers  Union  (GWU), 
an  umbrella  organization  covering  six  major  unions,  finally 


122 


THE  GAMBIA 

registered  in  1986  and  is  recognized  by  the  Government.   The 
GWU  was  deregistered  after  an  illegal  strike  in  the  late  1970 's 
and  subsequently  became  engaged  in  a  long  dispute  with  the 
Government  over  conditions  for  reregistration,  e.g.  the  filing 
of  financial  documents.   Other  unions  not  affiliated  with  the 
GWU,  function  under  basic  labor  and  trade  union  legislation. 
The  labor  Administration  Act  specifies  that  workers  are 
guaranteed  freedom  of  association  and  the  right  to  organize  and 
to  bargain  collectively.   Union  members  have  the  freedom  to 
attend  meetings  outside  the  country. 

c.  Freedom  of  Religion 

The  Constitutional  guarantees  of  freedom  of  conscience, 
thought,  and  religion  are  observed  in  practice.   The  State  is 
secular  though  Muslims  constitute  over  90  percent  of  the 
population.   The  schools  provide  instruction  in  the  Koran  for 
Muslim  students.   Christians,  both  Catholic  and  Protestant, 
freely  practice  their  religion.   There  is  a  small  Baha'i 
community  in  Banjul.   Missionaries  are  permitted  to  carry  on 
their  various  mission-related  activities.   There  is  no  evidence 
of  discrimination  in  employment,  education,  or  in  other  areas 
of  Gambian  life  on  religious  grounds. 

d.  Freedom  of  Movement  within  the  Country,  Foreign 
Travel,  Emigration,  and  Repatriation 

The  Consitution  guarantees  freedom  of  movement,  subject  to 
conditions  protecting  public  safety,  health,  and  morals.   There 
is  no  restriction  on  freedom  of  emigration  or  freedom  of 
return.   Internally,  police  and  military  checkpoints  exist  in 
and  around  Banjul,  but  there  is  no  evidence  that  police  harass 
travelers . 

Because  of  historic  and  ethnic  ties  with  the  people  of  Senegal, 
Guinea-Bissau,  Guinea,  and  Mali,  people  tend  to  move 
unregulated  across  borders,  which  are  poorly  marked  and 
difficult  to  police.   Under  the  Confederation  Treaty  of  1981, 
neither  Gambians  nor  Senegalese  need  passports  or  visas  to 
travel  to  the  other  country. 

Section  3   Respect  for  Political  Right:   The  Right  of  Citizens 
to  Change  Their  Government 

The  Government  is  elected  by  citizens  18  years  of  age  and 
older.   The  chief  executive  (the  President)  and  the  members  of 
the  legislature  (House  of  Representatives)  are  popularly 
elected,  as  are  the  district  councils  and  the  chiefs,  who 
exercise  traditional  authority  in  the  villages  and  compounds. 
A  functioning  multiparty  system  exists  in  The  Gambia,  even 
though  the  People's  Progressive  Party  has  been  in  power  since 
independence.   The  principal  opposition  party.  The  National 
Convention  Party,  contests  national  and  district  elections. 
Other  opposition  parties  contest  the  presidency  and  other 
offices  on  a  selected  basis.   Independents  have  run  for  and  won 
legislative  seats.   While  there  have  not  been  any  serious 
allegations  of  election  fraud,  the  opposition  boycotted  the 
1983  district  elections,  claiming  in  advance  that  they  would  be 
unfairly  managed  by  the  Government.   The  government  party  holds 
43  of  50  seats  in  the  House  of  Representatives.   The  opposition 
is  therefore  not  able  to  defeat  or  modify  significant 
legislation  sponsored  by  the  Government.   Nevertheless,  debate 
is  open,  and  accepted  parliamentary  procedures  are  observed. 


123 


THE  GAMBIA 

Two  new  political  parties  were  formed  in  1986  in  anticipation 
of  the  next  election  which  is  scheduled  for  early  1987.   Both 
parties  were  formed  by  defectors  from  the  ruling  party.   In 
October  1986,  one  of  the  leaders  of  the  new  Gambia  People's 
Party  (GPP)  was  arrested  for  2  days  for  alleged  "possession  of 
government  documents."   After  his  release  he  resigned  from  the 
GPP  and  rejoined  the  ruling  party. 

Section  4   Governmental  Attitude  Regarding  International 
and  Nongovernmental  Investigation  of  Alleged 
Violations  of  Human  Rights 

The  Government  permits  visits  of  international  human  rights 
organizations  to  observe  the  conditions  of  detainees  and  the 
trial  process.   There  were  no  requests  by  such  organizations 
for  investigation  of  alleged  human  rights  abuses  in  The  Gambia 
during  1986. 

Section  5   Discrimination  Based  on  Sex,  Race,  Religion, 
Language,  or  Social  Status. 

The  people  are  overwhelmingly  Muslim  and  85  percent  of  the 
population  live  in  villages.   While  personal  initiative  and 
choice  are  valued,  rights  and  privileges  are  generally 
perceived  to  reside  in  the  group  rather  than  in  the 
individual.   Traditional  conservative  values  are  changing  but 
very  slowly.   Females  comprise  over  one-third  of  the  students 
in  primary  school,  and  with  growing  educational  opportunities, 
women  participate  increasingly  in  the  professions  and  in 
political  life.   The  Minister  of  Education  and  the 
Parliamentary  Secretary  of  the  Ministry  of  Health  are  women. 
In  addition,  there  are  women  in  prominent  positions  in  the 
civil  service  as  department  heads  and  undersecretaries. 
Marriages  are  still  often  arranged,  but  there  is  growing 
freedom  of  personal  choice.   Family  planning,  focused  on  the 
health  and  welfare  of  mother  and  child,  remains  controversial 
but  is  gaining  some  acceptance.   There  is  a  women's  bureau  in 
the  Office  of  the  President  which  actively  promotes  debate  on 
women ' s  issues . 

CONDITIONS  OF  LABOR 

The  minimum  age  for  employment  is  18,  at  which  age  a 
prospective  employee  is  authorized  a  labor  card.   The 
prohibition  on  child  labor  does  not  apply  to  customary  chores 
on  family  farms.   Minimum  wages  and  hours  of  work  are 
determined  by  the  Joint  Industrial  Council,  pursuant  to  the 
Labor  Administration  Act,  which  has  representation  from 
employees,  employers,  and  government.   Occupational  safety  and 
health  are  covered  by  The  Factory  Act  under  which  the  Minister 
of  Labor  is  given  authority  to  regulate  factory  health  and 
safety,  accident  prevention,  and  dangerous  trades  and  to 
appoint  inspectors  to  ensure  compliance. 


124 


u.s.ovERSeas 


•LOANS  AND  GRANTS-  OBLIGATIONS  AND  LOAN  AUTHORIZATIONS 
(U.S. FISCAL  YEARS  -  MILLIONS  OF  DOLLARS) 


COUNTRY:  GAMBIA,  THi 


1934 


1985 


1986 


:.ECON. 
LO 
GR 
A.  AID 
LO 
GR 
(SEC 
B.FOOD 
LO 
GR 
TITLE 
?EPAY 
PAY. 
TITLE 
E.REL 
VOL.R 
C.OTHE 
LO 
GR 


ASSIST. -TOTAL.. 

ANS 

ANTS 


ANS , 

ANTS .., 

.SUPP. ASSIST.)  ..  . 

FOR  PEACE 

ANS 

ANTS 

1-T3TAL 

.  IN  S-LOANS 

IN  FOR.  CURR 

II-TOTAL , 

lEF.EC.OEV  i  WFP. 

ELIEF  AGENCY 

R  SCON.  ASSIST.., 

ANS.. , 

ANTS 

PEACE  CORPS 

NARCOTICS , 

OTHER 


II.MIL.  ASSIST. -TOTAL.. 

LOANS 

GRANTS 

A. MAP  GRANTS 

3. CREDIT  FINANCING..., 
C.INTL  MIL.EO.TRNG... 
D.TRAN-EXCESS  STOCK.. 
E. OTHER  GRANTS 


III. TOTAL  ECON. 

LOANS 

GRANTS.  ..  , 


MIL, 


7.9 

9.4 

5.7 

0.0 

0.0 

0.0 

7.9 

9,4 

5.7 

3.7 

5.8 

4.7 

0.0 

0.0 

0.0 

3.7 

5.5 

4.7 

0.0 

0.0 

0.0 

3.3 

2.6 

3.0 

0.0 

0.0 

0.0 

3.3 

2.6 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

3.3 

2.6 

0.0 

2.1 

1.9 

0.0 

1.2 

0.7 

0.0 

0.9 

1.0 

1.0 

0.0 

0.0 

0.0 

0.9 

1.0 

1.0 

0.9 

1.0 

1.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

b.o 

0.1 

0.1 

0.3 

0.0 

0.0 

0.0 

0.1 

0.1 

0.0 

0.0 

0.0 

0.0 

D.O 

0.0 

0.0 

0.1 

0.1 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

7.9 

9.5 

5.8 

0.0 

0.0 

0.0 

7.9 

9.5 

5.8 

OTHER  US  LOANS.  .  .. 
EK-IM  BAN<  LOANS. 
ALL  OTHER , 


0.0 
0.3 
0.0 


0.0 
0.0 
0.0 


0.0 
0.0 
0,0 


ASSLSTANCE  FROM  INTERNATIONAL  AGENCIES 
1934      1985      1986 


1946-86 


TOTAL..  .. 
I3R0 

IFC 

IDA 

103 

A03 

AFDB 

UNDP 

OHER-UN 

EEC 


24.2 

0.0 
3.0 
20.9 
0.0 
0.0 
0.0 
0.3 
0.0 
0.0 


0.4 
0.0 
0,0 


5.3 

130.1 

0.0 

0.0 

■0.0 

3.0 

5.8 

62.1 

0.0 

0.0 

0.0 

0.0 

0.0 

51.9 

0.0 

11.3 

0.0 

1.8 

0.0 

0.0 

125 


GHANA 


Ghana  is  governed  by  the  Provisional  National  Defense  Council 
(PNDC)  under  the  chairmanship  of  Flight  Lieutenant  Jerry 
Rawlings,  who  seized  power  from  the  previous  elected 
Government  on  December  31,  1981.   Under  the  Establishment 
Proclamation  issued  January  11,  1982,  the  Council  exercises 
"all  powers  of  government."   In  practice,  government  policy  is 
developed  by  Chairman  Rawlings  assisted  by  a  number  of  close 
advisers,  both  inside  and  outside  government.   The  PNDC  has 
nine  members  and  includes,  aside  from  the  Chairman  (the  lone 
survivor  of  the  seven  original  members),  two  serving  military 
officers  (added  in  1985)  and  seven  civilians  (including  one 
woman  and  one  ex-military  officer).   The  various  government 
ministries  are  headed  by  "Secretaries",  each  of  whom  is 
subordinate  to  the  respective  PNDC  member  responsible  for  that 
particular  area  of  government.   A  network  of  Committees  for 
the  Defense  of  the  Revolution  (CDR's)  is  designed  as  a  channel 
to  transmit  government  policies  to  the  citizens  and, 
theoretically,  citizen  concerns  to  the  Government. 

There  are  several  security  organizations  in  Ghana  which  report 
to  various  sections  of  the  Government,  but  all  come  under  the 
firm  control  of  the  PNDC.   Most  security  cases  of  a  political 
nature  are  handled  by  the  Bureau  of  National  Investigation, 
which  reports  to  both  the  Ministry  of  the  Interior  and  the 
PNDC  member  responsible  for  security  issues. 

Starting  in  1983,  the  Government  adopted  an  exceptionally 
austere  economic  recovery  program  in  an  effort  to  redress  a 
quarter  century  of  economic  mismanagement  and  political 
instability  which  caused  Ghana  to  decline  from  one  of  Africa's 
most  promising  states  to  a  condition  of  economic  collapse  and 
poverty.   Remedial  measures  have  included  a  devaluation  of 
more  than  5,000  percent  in  the  cedi  in  less  than  4  years. 
Conducted  in  concert  with  the  International  Monetary  Fund 
(IMF),  the  recovery  program  appears  to  have  had  a  positive 
effect.   The  economic  growth  rate  made  a  fourth  consecutive 
positive  showing  in  1986  (the  growth  rate  for  1986  was 
estimated  at  5.1  percent),  and  triple  digit  inflation  has  been 
reduced  to  between  20  and  25  percent . 

Under  Rawlings,  the  most  noticeable  improvement  in  human 
rights  has  been  the  restoration  of  civil  order  after  an 
initial  18-month  period  of  revolutionary  excess  in  1982  and 
1983.   Discipline  has  generally  been  instilled  in  the  armed 
forces  and  the  police,  but  a  number  of  coup  plots  came 
primarily  from  members  and  former  members  of  the  armed  forces. 
In  1986  one  coup  attempt  was  publicly  reported,  and  there  were 
several  alleged  attempts.   Problems  also  continue  with  certain 
paramilitary  elements,  such  as  the  militia,  which  do  not  yet 
seem  firmly  under  government  control. 

Although  the  Government,  through  the  National  Commission  on 
Democracy,  continued  in  1986  to  "study"  means  of  restoring  a 
democratic  system,  there  is  still  no  guarantee  of  elections, 
nor  are  there  any  current  plans  to  provide  for  a  relaxation  of 
government  control  of  the  main  national  newspapers  and 
broadcast  news  media.   The  potential  for  arbitrary  deprivation 
of  liberty  was  demonstrated  by  continuing  instances  of 
incarceration  without  formal  charges  and  summary  dismissal  of 
16  judges.   A  system  of  public  tribunals,  which  parallels  the 
regular  courts,  failed  to  enforce  procedural  safeguards 
adequate  enough  to  constitute  acceptable  due  process. 


126 

GHANA 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1   Respect  for  the  Integrity  of  the  Person,  Including 
Freedom  from: 

a.  Political  Killing 

No  killing  was  reported  in  which  there  was  evidence  of  political 
motivation  or  governmental  instigation. 

b.  Disappearance 

No  disappearance  traceable  to  government  action  or  to 
nongovernmental  or  opposition  forces  was  reported. 

c.  Torture  and  Cruel,  Inhuman,  or  Degrading  Treatment  or 
Punishment 

There  have  been  occasional  credible  allegations  of  torture 
and/or  beatings.   Twice  during  1985,  the  Government  acknowledged 
that  some  members  of  the  armed  forces  beat  detainees.   In  March 
1986,  during  a  series  of  trials  of  alleged  coup  plotters  before 
the  public  tribunals,  a  defendant  alleged  that  he  and  a  fellow 
defendant  had  been  tortured  and,  to  prove  his  charge,  stripped 
to  the  waist  in  court  to  show  the  scars  caused  by  the  alleged 
beatings.   The  Government  has  not  refuted  these  allegations  or 
made  any  known  attempt  to  investigate  them. 

d.  Arbitrary  Arrest,  Detention,  or  Exile 

Ghanaian  security  forces  occasionally  take  persons  into  custody, 
sometimes  secretly  late  at  night,  with  or  without  a  warrant,  and 
hold  them  incommunicado  for  months.   Some  of  those  so  detained 
are  said  by  government  officials  to  have  committed  crimes, 
although  their  only  known  "offense"  is  the  expression  of  views 
critical  of,  or  different  from,  those  of  the  Government.   When 
the  Ghana  Bar  Association  has  attempted  to  free  some  of  these 
persons  through  writs  of  habeas  corpus,  the  PNDC  has  either 
stood  aside  and  permitted  their  release  or  has  interposed  ex 
post  facto  preventive  custody  orders  barring  their  release  and 
citing  national  security  considerations  as  justification. 

In  more  routine  criminal  cases,  detentions  are  generally 
performed  in  accordance  with  the  legal  procedures  set  forth  in 
the  criminal  code.   The  criminal  code  requires  that  an  arrested 
person  be  brought  before  a  court  within  48  hours  and  authorizes 
bail  in  many  instances.   Some  writs  of  habeas  corpus  continued 
to  be  granted  in  1986,  but  habeas  corpus  is  limited  by  a  1984 
law  which  prevents  any  court  from  inquiring  into  the  grounds  for 
the  detention  of  any  Ghanaian  detained  under  PNDC  Law  2  (the  law 
setting  up  the  National  Investigation  Committee  and  giving  that 
Committee  the  power  to  investigate  virtually  any  allegation 
referred  to  it  by  the  PNDC) . 

On  January  9,  1986  the  last  minister  of  the  previous  government 
still  being  detained  was  released  on  bail.   Some  other  officials 
of  the  former  government  who  fled  Ghana  in  1982  and  1983  have 
quietly  returned  and  resumed  careers  outside  of  politics, 
reportedly  convinced  in  at  least  some  cases  that  the  danger  of 
detention  has  now  passed.   Although  the  Government  does  not 
announce  detentions  or  releases,  there  were  in  1986,  as  in 
previous  years,  a  number  of  prisoners  in  detention  without 
charge  or  trial.   In  April  a  group  of  four,  including  a  student 
political  leader  and  a  journalist,  was  detained  by  the 
Government  with  no  public  explanation  and  without  charges  ever 


127 


GHANA 

being  brought.   They  were  not  released  until  August  and  were  the 
subject  of  an  Amnesty  International  Emergency  Bulletin.   In 
August  a  former  government  minister,  Victor  Owusu,  was  taken 
into  detention,  and  at  the  end  of  1986  no  charges  had  been 
announced  against  him,  and  no  hearing  had  been  held. 

In  August  1985,  the  Ghana  Bar  Association  published  a  list  of  17 
detainees  being  held  without  charge,  carefully  noting  that  it 
had  published  only  the  names  of  those  for  whom  firm  proof  of 
detention  was  available.   The  newspaper  which  published  the  list 
has  since  been  forced  out  of  business,  allegedly  by  governmental 
restrictions  on  the  provision  of  newsprint  to  that  particular 
paper . 

Ghana  prohibits  forced  labor,  except  in  the  cases  of  military 
draftees  and  convicted  criminals. 

e.   Denial  of  Fair  Public  Trial 

Despite  the  creation  of  a  separate  judicial  system  in  the  form 
of  public  tribunals  and  despite  the  lack  of  clear  guidelines  as 
to  which  cases  should  go  before  the  tribunals  and  which  before 
the  regular  courts,  traditional  legal  safeguards  based  on 
British  legal  practice,  e.g.,  the  right  of  defendants  to  present 
evidence  and  to  cross-examine  witnesses,  remains  generally 
available  in  the  regular  court  system.   This  system  includes 
high  courts,  appeal  courts,  and  a  Supreme  Court  headed  by  a 
Chief  Justice.   Serious  questions  have  arisen,  however,  about 
the  independence  of  the  regular  courts.   In  April  the  PNDC 
overturned  one  of  its  own  decrees,  which  provided  for  full 
hearings  before  a  judge  could  be  removed  from  office,  and 
summarily  dismissed  16  judges  including  2  judges  of  the  Court  of 
Appeal  (Ghana's  second  highest  court).   The  PNDC  alleged  that 
these  judges  were  guilty  of  various  forms  of  malfeasance  in 
office,  but  no  formal  charges  were  brought  against  then,  and  no 
hearings  were  ever  held.   Many  legal  observers  believe  that,  by 
this  action,  the  PNDC  has  put  judges  in  the  regular  courts  on 
notice  that  judges  serve  at  the  sufferance  of  the  PNDC  and  must 
serve  government  purposes  or  be  summarily  removed  from  office. 

The  public  tribunals  system,  set  up  in  1932  to  parallel  the 
regular  court  system,  includes  the  Office  of  Revenue 
Commissioners,  the  National  Investigations  Committee,  the 
Special  Military  Tribunal,  and  the  Public  Tribunals  Board,  as 
well  as  the  public  tribunals  per  se,  which  exist  at  the  national 
and  regional  levels  and  are  planned  for  district  and  community 
levels.   The  Government's  announced  purpose  when  it  established 
this  system  was  to  provide  more  justice  to  more  people  in  a  more 
timely  fashion  by  deemphasizing  legal  "technicalities."   In  1985 
a  National  Appeals  Tribunal  was  created  to  hear  appeals  from  the 
public  tribunals.   Critics  contend,  however,  that  the  system 
still  depends  largely  on  judges  with  little  or  no  legal 
experience,  that  it  shortcuts  legal  safeguards  in  an  effort  to 
speed  proceedings,  and  that  it  creates  new  opportunities  for 
corruption  because  of  ambiguities  in  the  jurisdiction  between 
the  tribunals  and  the  regular  courts.   Critics  note,  for 
example,  that  the  panels  of  presiding  judges  contain  more  laymen 
than  lawyers,  that  there  are  no  published  guidelines  concerning 
the  admissibility  of  evidence,  and  that  conviction  is  by 
majority  vote  of  the  panel  trying  a  case.   Critics  add  that 
meaningful  appeals  are  impossible  because  no  adequate  record  is 
kept  of  initial  hearings  before  tribunals,  and  judges  on  the 
appeals  panel  are  drawn  from  the  same  pool  of  "lay  judges"  who 
hear  the  initial  cases,  which  means  some  cases  include  judges 
who  actively  participated  in  the  initial  hearing  under  appeal. 


128 


GHANA 

The  members  of  the  Ghana  Bar  Association,  citing  such 
shortcomings,  have  elected  not  to  practice  before  the  tribunals, 
and  few  lawyers  are  willing  to  appear  in  cases  before  them.   In 
1985  the  Government  approved  the  creation  of  a  legal  aid 
program,  but  at  the  end  of  1986  this  program  had  yet  to  be 
implemented . 

In  1986  the  public  tribunals  continued  the  PNDC  policy  of 
imposing  the  death  penalty  for  offenses  that  were  essentially  of 
an  economic,  "white  collar"  nature.   For  example,  three 
government  officials  were  sentenced  to  death  by  firing  squad  on 
September  26  for  embezzling  government  funds.   In  May,  after 
hearings  before  a  Public  Tribunal,  nine  people  allegedly 
involved  in  coup  plotting,  including  those  who  had  allegedly 
been  tortured  during  interrogation,  were  executed  by  firing 
squad. 

Amnesty  International  has  adopted  as  a  "prisoner  of  conscience" 
a  Ghanaian  who  was  sentenced  by  a  public  tribunal  to  16  years  in 
prison  for  complicity  in  a  November  1982  coup  attempt. 

f ,   Arbitrary  Interference  with  Privacy,  Family,  Home,  or 
Correspondence 

The  individual  citizen  is,  for  the  most  part,  free  from 
interference  by  the  State  in  his  or  her  private  conduct, 
although  some  critics  fear  that  the  Committees  for  the  Defense 
of  the  Revolution  (CDR's)  have  the  potential  to  become 
"neighborhood  watch  committees",  analogous  to  the  Cuban  model. 
However,  while  the  Government  holds  that  all  citizens  are 
"members"  of  the  CDR's,  at  present  actual  participation  in  the 
system  is  voluntary.   Monitoring  of  telephones  and  mail  rarely 
occurs.   Forced  entry  into  homes  has  been  reported  in  connection 
with  security  investigations.   Informers  exist,  but  informer 
systems,  so  far  as  is  known,  are  not  widespread.   There  is  no 
forced  resettlement  of  populations  nor  interference  with  the 
right  to  marry  or  to  have  children  or  for  parents  to  provide 
religious  instruction  for  their  children. 

Section  2  Respect  for  Civil  Liberties,  Including: 

a.   Freedom  of  Speech  and  Press 

The  freedoms  of  speech  and  the  press  guaranteed  under  the  now 
suspended  1979  constitution  stand  abrogated,  but  the  PNDC 
Chairman  has  publicly  encouraged  people  to  speak  out  on  local 
community  concerns,  though  not  on  government  policy.   The 
Government  owns  the  radio  and  television  stations,  as  well  as 
the  two  principal  daily  newspapers.   The  press  avoids  criticism 
of  the  revolution  or  of  Chairman  Rawlings.   It  focuses  instead 
on  uncovering  instances  of  waste,  fraud,  and  mismanagement,  even 
when  they  involve  relatively  high-level  officials  (though  such 
are  usually  government  inspired). 

In  the  past  several  privately  owned  newspapers  tried  to  be 
relatively  bold  in  their  news  coverage  axid  editorial  comments, 
but  most  of  these  newspapers,  for  various  reasons,  have  since 
closed  down.    Government  actions  against  the  press  continued  in 
1986,  e.g.,  by  limiting  supplies  of  newsprint  to  the  independent 
press,  thereby  reportedly  forcing  one  of  the  most  outspoken 
newspapers  into  bankruptcy  in  early  1986.   In  December  1985,  the 
Government  banned  publication  of  the  Catholic  Standard  on 
political  grounds.   A  church  newespaper ,  the  Standard  was  known 
for  its  independent  stand  on  human  rights  and  other  issues. 
Despite  efforts  by  the  Catholic  Church  throughout  1986  to  get 


129 


GHANA 

the  Standard  reopened,  including  public  issuance  of  a  Bishops' 
communique  on  the  subject  in  September,  it  remains  under 
government  ban. 

Academic  freedom  tends  to  be  respected  within  the  confines  of 
the  campus.   Private  organizations  voice  occasional  dissent  from 
official  policies  but  are  denied  access  to  the  media  and  have 
difficulty  reaching  the  public  with  their  views. 

b.  Freedom  of  Peaceful  Assembly  and  Association 

Individuals  are  generally  free  to  join  together  formally  or 
informally  to  promote  nonviolent  causes,  but  restrictions  remain 
on  association  for  the  purpose  of  protesting  government 
policies.   Political  meetings  are  banned.   Permits  are  required 
for  public  meetings  but  are  routinely  granted  except  when  the 
meeting  has  an  overtly  political  purpose. 

In  1986  the  Trades  Union  Congress  (TUC)  continued  to  be  led  by 
officials  freely  elected  in  December  1983.   New  elections  are 
slated  for  1987.   The  TUC  is  associated  with  the  International 
Labor  Organization  and  with  the  Organization  of  African  Trade 
Union  Unity.   The  right  to  strike  is  recognized  in  law  and  in 
practice  in  Ghana.   Ghanaian  trade  unions  freely  engage  in 
collective  bargaining  with  both  private  sector  and  state-owned 
enterprises,  though  in  the  latter  category  there  are  indications 
that  the  Government  has,  on  occasion,  used  brief  detentions  and 
threats  against  union  leaders  to  force  agreement  on  issues 
involving  state-owned  enterprises.   In  April  1986,  the  TUC 
threatened  to  call  a  general  strike,  charging  that  the 
Government  had  changed  wage  and  benefits  policy  unilaterally  and 
negated  the  principle  of  free  collective  bargaining.   Senior 
PNDC  officials  intervened  to  resolve  the  problem,  and  the 
Government  now  seems  to  be  encouraging  greater  dialogue  with  the 
unions . 

c.  Freedom  of  Religion 

There  is  no  state-favored  religion  and  no  restriction  on  the 
exercise  of  religion  or  on  contacts  with  others  of  the  same 
faith,  though  as  the  Catholic  Standard  case  indicates,  the 
Government  will  not  hesitate  to  ban  religious  publications  for 
alleged  political  content.   Most  Ghanaians,  including  senior 
government  officials,  are  practicing  members  of  religious 
groups.   Foreign  missionary  groups  operate  freely  throughout  the 
country,  though  the  "profusion"  of  such  groups  has  come  under 
criticism  from  the  PNDC  Chairman. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign 
Travel,  Emigration,  and  Repatriation 

People  are  free  to  move  from  one  part  of  the  country  to  another 
without  special  permission.   Since  1983  some  diplomats  have  been 
required  to  give  48  hours'  notice  before  traveling  outside  the 
greater  Accra  region.   Police  roadblocks  continue  to  exist 
countrywide,  allegedly  for  the  prevention  of  smuggling,  but  are 
less  obtrusive  than  in  the  1982-84  period.   Roadblocks  and  car 
searches  are  still  a  normal  part  of  nighttime  travel  in  Accra, 
but  are  no  longer  conducted  during  the  day. 

As  members  of  the  Economic  Community  of  West  African  States, 
Ghanaians  are  free  to  travel  without  visas  for  up  to  90  days 
anywhere  in  West  Africa.   Ghanaians  are  generally  free  to 
exercise  this  right,  and  nationals  of  other  member  states  are 
free  to  travel  to  Ghana.   However,  the  Ghana/Togo  border  is 


130 


GHANA 

Still  closed  following  allegations  of  Ghanaian  involvement  in  a 
September  coup  attempt  against  the  Government  of  Togo.   The 
major  restraints  on  travel  by  Ghanaians  are  lack  of  foreign 
exchange  and  long  delays  in  the  issuance  of  passports. 
Ghanaians  are  free  to  emigrate  or  to  be  repatriated  from  other 
countries.   If  a  person  is  considered  a  security  threat,  special 
permission  must  be  obtained. 

Section  3   Respect  for  Political  Rights:   The  Right  of  Citizens 
to  Change  Their  Government 

The  PNDC  under  Chairman  Rawlings  exercises  total  executive, 
legislative,  judicial,  and  administrative  power  in  Ghana  (PNDC 
Law  42).   There  are  no  other  governing  organs  and  no  current 
procedure  by  which  citizens  can  freely  and  peacefully  change 
their  laws,  officials,  or  form  of  government.   A  panel  to  design 
new  democratic  structures  to  eventually  replace  Ghana's  existing 
provisional  system  is  in  existence  but  has  yet  to  publish  any  of 
its  deliberations  or  a  timetable.   Efforts  to  give  substance  to 
the  revolutionary  slogan,  "Power  to  the  People",  include 
elections  for  leadership  positions  at  the  local  level  to  the 
Committees  for  the  Defense  of  the  Revolution.   These  efforts 
were  purportedly  intended  to  culminate  in  July  1986  with  a 
National  CDR  Conference,  but  organizing  difficulties  limited  the 
1986  CDR  meetings  to  the  regional  level.   Thus  far,  indications 
suggest  that  these  CDR  elections  have  been  relatively  free  and 
open,  but  that  the  CDR's  do  not  seem  to  be  drawing  support  from 
a  wide  spectrum  of  the  population.   No  claim  is  made  by  the 
Government,  however,  that  these  committees  are  meant  to  take  the 
place  of  either  elected  local  or  national  governing  bodies. 

Section  4   Governmental  Attitude  Regarding  International  and 

Nongovernmental  Investigation  of  Alleged  Violations 
of  Human  Rights 

The  Government  cooperates  with  the  International  Committee  of 
the  Red  Cross  which  continued  its  visits  to  prisons  in  Ghana  in 
1986.   There  are  several  internal  groups  concerned  with  human 
rights,  and  they  tend  to  be  objective  but  not  especially  vocal 
or  effective  in  their  reporting.   Nevertheless,  various 
independent  groups  and  organizations  have  worked  for  and  have 
sometimes  succeeded  in  gaining  the  release  of  persons  from 
custody.   Official  human  rights  inquiries  may  be  answered  at 
various  levels,  including  by  cabinet  secretaries.   In  1986  no 
international  human  rights  organization  sent  representatives  to 
Ghana,  although  Amnesty  International  issued  an  urgent  bulletin 
about  certain  individuals  held  in  detention  without  charge. 

Section  5   Discrimination  Based  on  Race,  Sex,  Religion, 
Language,  or  Social  Status 

Discrimination  based  on  race,  language,  religion,  or  social 
status  is  not  a  problem  in  Ghana.   Women's  rights  in  business, 
the  civil  service,  and  the  home  have  long  been  well  established 
and  respected.   One  woman  serves  as  a  member  of  the  ruling 
PNDC.   There  is  one  woman  in  the  Cabinet,  and  at  least  six  women 
hold  subcabinet  positions.   Although  women  in  urban  centers  and 
those  who  have  entered  modern  society  encounter  little  bias  in 
most  endeavors,  role  pressures  do  exist.   Women  in  the  rural 
agricultural  sector  remain  subject  to  the  constraints  associated 
with  traditional  male-dominant  mores,  in  spite  of  efforts  by  the 
Government  and  more  enlightened  elements  in  the  society  to 
curtail  such  practices.   In  1985  the  Government  promulgated  four 
laws  which  overturned  many  of  the  discriminatory  customary, 
traditional,  and  colonial  laws,  i.e.,  concerning  family 


131 


GHANA 

accountability,  intestate  succession,  customary  divorce 
registrations,  and  the  administration  of  estates. 

CONDITIONS  OF  LABOR 

Working  conditions  in  Ghana  are  governed  by  labor  legislation 
which  specifically  prohibits  forced  labor,  sets  a  minimum 
employment  age  of  15,  and  prohibits  night  work  and  certain  types 
of  hazardous  employment  for  those  under  18  years  of  age. 
Government  directives  establish  a  minimum  normal  wage  and, 
through  both  directives  and  union  contracts,  the  normal  hours  of 
work  are  defined  in  terms  of  a  40-hour  week.   Labor  legislation 
also  provides  for  labor  inspectors  and  gives  them  the  power  to 
order  the  alteration  or  closing  of  any  work  site  "to  avert  any 
threat  to  the  health  or  safety  of  the  workers."   Terms  of 
employment  and  protection  against  arbitrary  discharge  are  also 
covered  by  existing  legislation. 


132 


U.S.OVERScftS 


■LOANS    AND    GRANTS"    OBLIGATIONS    AND    LOAN    AUTHORIZATIONS 
(U.S. FISCAL     YEARS    -     MILLIONS    OF     DOLLARS) 


COJNTRY:     GHANA 


1984 


1985 


1936 


I. iCON. 
LO 
GR 
A.  AID 
LO 
GR 
(SHC 
3. FOOD 
LO 
GR 
TITLE 
^SPAY 
PAY. 
TITLE 
5.REL 
/OL.R 
C.OTHE 
LO 
GR 


ASSIST. -TOTAL, 

ANS , 

ANTS 


ANS 

ANTS , 

.SUPP. ASSIST.) ..  , 

FO^  PEACE 

ANS 

ANTS 

I-TOTAL , 

.  IM  5-LOANS 

IN  FOR.  CURR 

II-TOTAL 

lEF.EC.DEV  5  WFP, 

ELIEF  AGENCY 

R  ECON.  ASSIST... 

ANS 

ANTS 

PEACE  CORPS 

NARCOTICS 

OTHER 


II.MIL.  ASSIST. -TOTAL, 

LOANS 

GRANTS , 

A.^IAP  GRANTS , 

3. CREDIT  FINANCING., 
C.I  NIL  MIL.ED.TR^JG., 
0. IRAN- EXCESS  STOCK. 
E.  OTHER  GRANTS , 


III. TOTAL  ECON.  S  MIL, 

LOANS , 

GRANTS , 


20.2 

25.2 

5.5 

0.0 

9.0 

0.0 

20.2 

16.2 

5.5 

0.0 

2.4 

4.0 

0.0 

0.0 

0.0 

0.0 

2.4 

4.0 

0.0 

0.0 

0.0 

18.3 

21.5 

0.0 

0.0 

9.0 

0.0 

1  3.8 

12.5 

0.0 

0.0 

9.0 

0.0 

0.0 

9.0 

0.0 

0.0 

0.0 

0.0 

1  3.8 

12.5 

0.0 

1  .8 

5.1 

0.0 

17.0 

7.4 

0.0 

1.4 

1.3 

1.5 

0.0 

0.0 

0.0 

1.4 

1.3 

1.5 

1.4 

1.3 

1.5 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.2 

0.3 

0.2 

0.0 

0.0 

0.0 

0.2 

0.3 

0.2 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.2 

3.3 

0.2 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

20.4 

25.5 

5.7 

0.0 

9.0 

0.0 

20.4 

16.5 

5.7 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

OTHER  US  LOANS. .. . 
EX-IM  BANK  LOANS, 
ALL  OTHER , 


ASSISTANCE  FROiM  INTERNATIONAL  AGENCIES 
1934      1935      1986 


1946-86 


TOTAL , 

213.9 

195.4 

96.0 

1084.4 

IBRD 

0.0 

0.0 

.0.0 

190.5 

if: 

60.0 

0.0 

0.0 

60.0 

IDA 

125.0 

122.0 

96.0 

624.1 

ID5 

0.0 

0.0 

0.0 

.0.0 

A03 

0.0 

0.0 

0.0 

0.0 

AFDB 

30.9 

59.7 

0.0 

120.1 

UNOP 

3.0 

5.1 

0.0 

52.1 

OTHER-UN 

0.0 

3.6 

0.0 

21.6 

EEC 

0.0 

0.0 

0.0 

16.0 

133 


GUINEA 


In  1986  Guinea's  military  leaders  consolidated  their  hold  on 
political  power  and,  under  the  ruling  Military  Comrnittee  for 
National  Recovery  (CMRN),  significantly  expanded  civilian 
participation  in  the  day-to-day  operations  of  the  Government. 
Civilians  now  fill  19  of  the  35  cabinet-level  positions, 
including  7  exiles  who  had  fled  the  late  President  Sekou 
Toure's  Guinea.   The  CMRN  is  sensitive  to  ethnic  divisions  and 
has  attempted  to  strike  a  balance  among  the  major  groupings  in 
appointments  and  promotions  of  high  officials. 

General  Lansana  Conte  has  consolidated  power  in  his  third  year 
as  Head  of  State,  a  process  facilitated  by  his  building  up  of  a 
well-armed  presidential  guard.   Since  the  aborted  coup  of  July 
1985,  there  have  been  no  known  attempts  forcibly  to  overthrow 
the  Government.   President  Conte  and  his  Government  continue  to 
enjoy  support  from  having  overthrown  in  a  bloodless  coup  the 
successors  of  Sekou  Toure,  who  died  unexpectedly  in  March  1984 
after  having  been  Guinea's  leader  since  1958,  and  from  the 
emphasis  they  place  on  improving  human  rights  in  Guinea.   Conte 
has  pledged  to  make  Guinea,  "a  nation  of  laws,  and  fully 
respectful  of  human  rights  and  liberties." 

Despite  abundant  natural  resources,  Toure's  legacy  of 
mismanagement  and  authoritarianism  has  left  Guinea  among  the 
poorest  countries  in  the  world,  with  a  per  capita  gross 
national  product  below  $300.   Eighty  percent  of  the  population 
is  engaged  in  subsistence  agriculture,  and  the  salaried  sector 
consists  almost  entirely  of  the  79 , 000-member  civil  service. 
Guinea  is  seeking  to  overcome  this  legacy  with  a  comprehensive 
economic  reform  program  aimed  at  introducing  an  environment 
conducive  to  individual  initiative  and  the  operation  of  the 
free  market . 

The  fragility  of  Guinea's  improved  human  rights  situation  under 
Conte  was  illustrated  in  1986  by  widespread  international  press 
attention  on  the  fate  of  a  number  of  Sekou  Toure's  family 
members  and  political  associates,  and  of  those  former  CMRN 
members  and  others  arrested  after  the  July  1985  coup  attempt. 
These  reports  indicated  a  growing  belief  that  many  of  these 
people  had  been  executed.   At  the  end  of  1986,  the  Government 
had  still  not  charged  or  brought  these  persons  to  trial  but  was 
under  growing  pressure  to  give  some  accounting  of  their 
whereabouts  and  status . 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1   Respect  for  the  Integrity  of  the  Person,  Including 
Freedom  from: 

a.   Political  Killing 

Jeune  Afrique  and  other  leading  Africa-oriented  publications 
published  allegations  that  political  killings  had  taken  place 
within  4  days  of  the  1985  coup  d'etat.   In  no  case  was  hard 
evidence  presented  in  support  of  these  charges,  but  Jeune 
Afrique  asserted  that  the  Government  has  the  burden  to  show 
that  those  incarcerated  are  still  alive.   The  Government  has 
chosen  not  to  respond  to  these  specific  charges  or  to  exhibit 
the  persons.   In  a  speech  on  December  22,  1985,  Conte  implied 
that  at  least  some  of  the  detainees  may  have  been  summarily 
executed.   However,  the  official  government  position  remains 
that  these  persons  are  in  prison,  and  that  they  will  be  tried 
after  the  appropriate  judicial  investigation  is  completed.   The 
prisoners  involved  are  all  identified  with  one  particular 


134 


GUINEA 

ethnic  group,  the  Malinke.   The  Malinke  were  closely  identified 
with  the  Sekou  Toure  regime.   President  Conte  is  from  the 
Soussou  ethnic  group. 

b.  Disappearance 

No  politically  motivated  abductions  or  disappearances  were 
reported . 

c.  Torture  and  Cruel,  Inhuman,  or  Degrading  Treatment  or 
Punishment 

Since  coming  to  power  in  April  1984,  the  Government  has 
repeatedly  condemned  the  cruel  and  inhumane  practices  of  the 
Sekou  Toure  regime.   It  has,  in  some  cases,  corrected  past 
abuses  by  law  enforcement  and  prison  officials  when  these  cases 
have  been  brought  to  its  attention.   Government  officials 
admit,  however,  that  control  over  the  lower  ranks  of  the 
police,  gendarmerie,  and  military  forces  is  at  best  uneven,  and 
maltreatment  of  prisoners  still  occurs.   For  example,  prisoners 
have  reportedly  been  stripped  naked  during  their  confinement. 
Because  of  Guinea's  general  underdevelopment,  prison  conditions 
are  squalid  and  unsanitary,  and  the  low-ranking  officials  who 
guard  them  are  poorly  educated,  trained,  paid,  and  supervised. 

d.  Arbitrary  Arrest,  Detention,  or  Exile 

The  exact  number  of  political  detainees  is  unknown,  but, 
according  to  Amnesty  International  in  its  1986  Report, 
60  persons  with  ties  to  Sekou  Toure  remained  in  detention  at 
the  beginning  of  1985  and  another  200  persons  were  arrested 
after  the  July  1985  coup  attempt.   Some  of  these  were  released 
during  1985.   The  whole  process  of  arrest,  interrogation, 
release,  or  further  detention  of  the  suspects  remained  shrouded 
in  secrecy. 

There  have  been  a  number  of  reported  cases  involving  arbitrary 
arrests  on  nonexistent  or  trumped-up  charges,  often  by  police 
officials  seeking  to  supplement  low  salaries  through  extortion. 
Presidential  admonitions  and  frequent  campaigns  against  this 
practice  in  the  government  media  have  not  succeeded  in  bringing 
continued  reports  to  a  halt. 

Guinea  in  the  post-Toure  era  does  not  deliberately  practice 
incommunicado  detention,  but  the  authorities  are  often  slow 
in  acknowledging  arrests  involving  common  criminals,  in  part 
due  to  the  lack  of  a  functioning  communications  system.   These 
cases  typically  conclude  with  a  delayed  official 
acknowledgement  of  arrest  after  the  family  of  the  prisoner  has 
been  unofficially  informed.   Guineans  are  troubled  by  the 
shortcomings  of  the  current  law  enforcement  system,  including 
the  lack  of  safeguards  for  bringing  accused  persons  before  a 
judge  within  a  reasonable  period  of  time.   Guineans  no  longer 
have,  however,  the  paralyzing  fear  they  harbored  for  the  brutal 
party  state  apparatus  of  the  Toure  regime. 

Compulsory  labor  is  prohibited  and  not  practiced  in  Guinea. 

e.  Denial  of  Fair  Public  Trial 

In  1986  Guinea  continued  the  process  of  developing  a  modern  and 
independent  judicial  system,  which  on  paper  includes  procedural 
safeguards  for  the  accused.   The  judiciary,  as  evolving,  will 
have  courts  of  the  first  instance  at  the  subpref ecture  and 
prefecture  levels  and  courts  of  appeal  at  the  provincial  level. 


135 


GUINEA 

In  September  the  Government  abolished  the  Supreme  Court,  which 
was  to  have  multiple  functions,  and  in  its  place  created  a  more 
narrowly  focused  Court  of  Annulment,  charged  with  reviewing 
lower  court  decisions  and  determining  whether  applicable  legal 
codes  or  relevant  precedents  have  been  followed. 

In  September  the  Government  also  placed  a  new  emphasis  on 
c[uality  in  the  appointment  of  judges  and  the  training  of 
lawyers.   In  addition,  it  created  an  "independent"  Guinea  Bar 
Association  to  assist  in  the  reform  process,  in  part  through 
the  development  of  objective  criteria  for  licensing  attorneys. 
Heretofore,  judges  have  been  inadequately  paid,  have  had  poor 
or  no  access  to  reference  materials,  and  often  have  allowed 
their  decisions  to  be  influenced  by  other  than  purely  legal 
considerations.   Ideology  no  longer  plays  a  role  in  the 
appointment  of  either  judges  or  lawyers  (formerly  called 
"popular  lawyers").   By  the  end  of  1986,  nearly  20  attorneys 
had  been  admitted  to  the  Bar.   The  consolidation  of  both  the 
court  system  and  the  licensing  procedures  for  attorneys  reflect 
the  Ministry  of  Justice's  new  emphasis  on  quality  versus 
quantity,  as  it  attempts  to  reduce  the  size  of  the  country's 
legal  machinery  in  proportion  to  the  means  available  to  support 
it. 

Citizens  accused  of  treasonous  acts  are  to  be  tried  by  a  new 
Court  for  National  Security,  the  existence  of  which  was  first 
announced  in  1985.   According  to  the  Government,  former 
civilian  officials  of  the  previous  Toure  regime  and  civilians 
implicated  in  the  July  1985  attempted  coup  will  be  tried  in 
this  Court.   Military  men  implicated  in  the  coup  attempt  are  to 
be  tried  in  a  military  court.   As  noted,  no  progress  was  made 
in  1986  in  bringing  any  of  these  cases  to  trial. 

f.   Arbitrary  Interference  with  Privacy,  Family,  Home,  or 
Correspondence 

The  Government  has  stressed  traditional  family  values  and  the 
inviolability  of  the  home,  but  there  are  no  legal  or 
constitutional  safeguards  to  protect  these  rights.   In  general, 
the  CMRN  is  less  willing  than  the  former  regime  to  abuse  police 
powers.   However,  it  does  authorize  from  time  to  time  stepped 
up  police  patrols  and  roundups  of  persons  considered  to  be 
suspicious  on  the  streets  after  midnight.   While  these  patrols 
respond  to  a  significant  increase  in  city  crime  and  juvenile 
delinquency,  there  have  been  excesses  by  police  and 
paramilitary  forces. 

Mail  and  telephones,  especially  of  foreigners,  are  likely  to  be 
monitored . 

Section  2   Respect  for  Civil  Liberties,  Including: 

a.   Freedom  of  Speech  and  Press 

While  there  is  no  longer  a  network  of  informers,  after  26  years 
of  totalitarian  rule  many  Guineans  are  still  hesitant  to  speak 
their  minds  on  sensitive  issues.   With  all  media  operated  or 
controlled  by  the  Government,  freedom  of  the  press  does  not 
exist.   The  Ministry  of  Information  and  Culture  continues  to 
act  both  as  censor  and  administrator,  but,  within  limits,  has 
permitted  some  movement  in  the  direction  of  press  freedom. 
Local  news  media  were  given  greater  latitude  during  1986  to 
report  on  the  progress  or  lack  of  progress  in  the  Government's 
reform  programs.   Reporters  working  for  the  newly  formed 
Guinean  press  service  were  permitted  to  cover  a  broader 


136 


GUINEA 

spectrum  of  domestic  issues  than  had  been  the  case  under  the 
previous  Government.   In  several  cases,  however,  articles 
denouncing  corrupt  practices  did  not  have  the  promised  sequels 
and  journalists  were  reassigned.   A  few  foreign  books  and 
magazines  circulate  freely,  even  when  they  contain  material 
critical  of  the  CMRN. 

b.  Freedom  of  Peaceful  Assembly  and  Association 

There  was  a  proliferation  of  voluntary  associations  in  Guinea 
in  1986,  generally  in  the  human  services  and  professional 
fields,  such  as  the  Red  Cross  and  the  Chamber  of  Commerce.   The 
officers  of  the  newly  founded  journalists'  association, 
however,  were  dismissed  by  the  Minister  of  Information  as 
though  they  were  Ministry  employees. 

During  1986  the  Guinean  National  Labor  Confederation  (CNTG) 
completed  its  second  year  as  an  autonomous  entity.   It 
maintains  relations  with  recognized  regional  and  international 
bodies,  including  the  International  Labor  Organization  (ILO), 
and  regularly  sends  representatives  to  their  meetings. 

Organized  labor  in  Guinea  derives  its  power  almost  entirely 
from  the  prestige  of  its  leadership,  as  economic  conditions  in 
the  country  have  placed  workers  in  a  weak  bargaining  position. 
Most  workers  represented  by  CNTG  affiliated  unions  are 
government  employees,  a  large  percentage  of  whom  are  slated  for 
either  early  retirement  or  layoff  due  to  government  efforts  to 
trim  the  civil  service.   Nongovernment  workers  have  the  right 
to  strike,  but  by  union  policy  need  the  permission  of  the  CNTG 
executive  board  to  do  so.   In  late  October  the  Government,  with 
the  support  of  the  CNTG,  ordered  the  firing  of  27  workers 
involved  in  a  wildcat  strike  of  a  major  bus  company. 

c.  Freedom  of  Religion 

Approximately  85  percent  of  the  population  is  Muslim,  but  there 
is  religious  freedom  and  toleration  for  worshipers  of  all 
faiths.   Christians,  despite  their  numerical  minority,  are 
accorded  equal  status,  and  there  is  no  official  state  religion. 
The  first  Anglican  bishop  was  installed  in  July  1986.   All 
religions  in  Guinea  have  the  right  to  maintain  links  with 
coreligionists  in  other  countries.   Missionaries  may  come  to 
Guinea  and  proselytize,  but  the  Ministry  of  Religious  Affairs 
limits  their  numbers.   The  Government  has  declared  both  Muslim 
and  Christian  holy  days  as  public  holidays.   It  also  subsidized 
pilgrimages  to  Mecca  and  the  Vatican  in  1986. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign 
Travel,  Emigration,  and  Repatriation 

Guineans  are  free  to  move  about  the  country  and  change 
residence  or  workplace,  although  they  may  be  menaced 
occasionally  by  petty  harassment  by  the  poorly  paid  police 
and/or  military  at  unauthorized  roadside  checkpoints.   The 
Government  has  tried  to  slow  the  pace  of  rural-urban  migration 
by  primarily  noncoercive  means.   In  Conakry  itself,  however, 
the  Government  has  seen  a  need  to  augment  late  night  police 
patrols  with  added  force  deployments  and  occasional  curfews  to 
respond  to  reports  of  increased  crime  committed  by  bands  of 
delinquent  youth,  many  of  whom  are  recent  arrivals  from  the 
interior  and  incapable  of  finding  productive  work.   Foreign 
travel  involves  considerable  red  tape  for  the  prospective 
Guinean  traveler,  but  there  are  no  unusual  restrictions. 
Foreigners  are  required  to  have  a  routinely  granted  laissez 


137 


GUINEA 

passer  for  travel  into  the  interior.   The  sudden  increase  in 
the  numbers  of  non-African  expatriates  in  the  country  has 
rekindled  xenophobic  fears  in  many  Guineans  and  caused  the 
Government  to  tighten  immigration  procedures  from  time  to  time. 
There  are  no  accurate  statistics  on  the  number  of  former  exiles 
from  the  Sekou  Toure  dictatorship  who  have  returned  to  Guinea. 
There  is  much  evidence  to  indicate,  however,  that  they  are 
returning  in  significant  numbers.   There  are  no  political 
obstacles  to  repatriation. 

Section  3   Respect  for  Political  Rights:   The  Right  of  Citizens 
to  Change  Their  Government 

Since  independence,  Guinea  has  had  no  experience  in  democracy, 
and  there  is  still  no  legal  provision  for  political  parties  or 
formal  opposition  to  CMRN  rule.   The  day-to-day  running  of  the 
country  has  devolved  increasingly  upon  the  civilian  members  of 
the  Cabinet,  but  ultimate  authority  still  rests  with  the 
military  dominated  CMRN,  which  rules  by  decree.   The  CMRN  has 
shown  no  inclination  to  relinquish  its  power  or  to  permit 
national  elections,  apparently  fearing  that  political 
organization  would  cleave  Guinea  along  ethnic  lines. 

Decentralization  became  a  major  theme  in  1986  in  meeting  ethnic 
tensions  and  was  the  subject  of  a  national  administrative 
conference  in  September,  attended  by  the  entire  CMRN,  the 
civilian  Cabinet,  and  representatives  of  all  the  country's 
prefectures.   In  this  connection,  the  Government  launched  an 
administrative  reform  program  to  develop  local  governing  bodies 
at  village  and  city  neighborhood  levels.   A  new  government 
department,  the  Secretariat  of  State  for  Decentralization,  was 
charged  with  introducing  these  local  structures  which  involved 
local  elections.   There  were  reports  of  certain  coercive 
measures  to  prevent  some  objectionable  candidacies  by  persons 
associated  with  the  previous  regime,  but  in  most  cases  the 
people  were  able  to  choose  freely.   The  new  local  governing 
bodies  are  not  to  replace  the  prefecture  layer  of  government 
and  are  limited  to  concerning  themselves  with  developmental  and 
social  issues.   Prefectural  appointments  are  still  made  by  the 
President,  with  the  appointees  commonly  being  natives  of  the 
regions  to  which  they  are  assigned. 

Section  4   Governmental  Attitude  Regarding  International  and 

Nongovernmental  Investigation  of  Alleged  Violations 
of  Human  Rights 

No  local  human  rights  organizations  are  known  to  exist  in 
Guinea,  but  certain  abuses  are  reported  in  the  media.   The  CMRN 
has  been  publicly  self-critical  of  its  record,  asserting  that 
its  overall  approach  to  human  rights  distinguishes  it  from  the 
repressive  regime  it  overthrew  but  admitting  that  lapses  have 
occasionally  occurred.   In  this  way,  the  Government  has  raised 
public  consciousness  on  human  rights  issues.   It  has  allowed 
Amnesty  International  to  expand  its  membership  and  activities 
in  Guinea,  including  circulating  its  publications  freely  in  the 
country.   Guinea  is  one  of  the  few  countries  in  Africa  where 
Amnesty  International  has  a  local  affiliate.   In  addition, 
French-based  groups,  such  as  The  Assembly  for  the  Protection  of 
Human  Rights  and  Liberty  in  Guinea,  make  known  their  concerns 
about  human  rights. 


138 


GUINEA 


Section  5  Discrimination  Based  on  Race,  Sex,  Religion, 
Language,  or  Social  Status 

While  the  Government  has  not  excluded  any  of  the  four  major 
ethnic  groupings  in  the  country  from  executive  or  other 
positions,  and  while  it  has  repeatedly  exhorted  its  citizens  to 
think  of  themselves  as  Guineans  and  not  as  members  of  a 
particular  group,  discrimination  and  mutual  suspicion  still 
characterize  relations  across  ethnic  lines  within  and  outside 
government . 

Women  in  Guinea  enjoy  a  special  status  which  has  grown  out  of 
the  political  role  they  played  in  the  pre-independence  period. 
They  still  lag,  however,  in  educational  and  employment 
opportunities  despite  the  considerable  influence  of  market 
women  on  the  local  economy.   The  Government  publicly  supports 
the  advancement  of  women,  but  the  presence  of  women  within  the 
civilian  part  of  the  Government  is  not  large.   The  current 
Secretary  of  State  for  Social  Affairs  is  a  woman  who  was 
imprisoned  for  her  political  views  during  the  previous  regime. 
Her  predecessor,  also  a  woman,  helped  create  the  Guinean 
Association  for  Family  Weil-Being  (AGBEF) ,  a  nonprofit,  private 
organization  to  promote  family  planning  and  maternal  and  child 
health  care.   During  1986  the  Organization  of  Women  Workers 
established  itself  as  a  quasi-independent  advocate  of  women's 
rights  within  the  CNTG.   This  labor  organization,  plus  the 
AGBEF  and  the  National  Office  on  the  Feminine  Condition,  have 
conducted  seminars  and  colloquia  on  women's  issues  and 
developed  contacts  with  sister  organizations  overseas. 

CONDITIONS  OF  LABOR 

By  accepted  practice,  children  under  the  age  of  17  are  not 
usually  employed  outside  the  family.   An  exception  is  in  the 
area  of  subsistence  agriculture  where  farming  is  traditionally 
a  family  affair.   With  the  help  of  the  ILO,  a  new  labor  code  is 
scheduled  for  introduction  in  1987  which  will  include  a  minimum 
employment  age  of  17,  a  40  hour  work  week,  acceptable  health 
and  safety  standards,  and  fair  collective  bargaining 
procedures.   These  labor  standards  are  for  the  most  part 
already  in  effect  in  the  modern  mining  enclaves.   Under 
existing  legislation,  a  collective  labor  agreement  signed  in 
1986  governs  relations  between  Guinean  mineworkers  and  the 
mining  industry.   Fair  collective  bargaining  procedures  were 
followed  in  hammering  out  this  agreement. 


139 


U.S.0VERSE4S  -LOANS  AND  GRANTS-  OBLIGATIONS  AND  LOAN  AUTHORIZATIONS 
(U.S. FISCAL  YEARS  -  MILLIONS  OF  DOLLARS) 


COJNTRY:  GJINEA 


1934 


1985 


1936 


I.HCON.  ASSIST. -TOTAL... 

LOANS 

GRANTS 

A. AID  

LOANS 

GRANTS 

(SSC.SUPP. ASSIST.)  ... 

d.FOOO  FOR  PEACE 

LOANS 

GRANTS 

TITLE  I-TOTAL 

?EPAY.  IN  t-LOANS 

PAY.  IN  FOR.  CURR 

TITLE  II-TOTAL 

=. RELIEF. EC.OEV  I    WFP. 

VOL. RELIEF  AGENCY 

C. OTHER  E:0N.  ASSIST..  . 

LOANS 

GRANTS 

PEACE  CORPS 

NARCOTICS 

OTHER 

II.MIL.  ASSIST. -TOTAL... 

LOANS 

GRANTS 

A.flAP  GRANTS 

3. CREDIT  FINANCING.... 
;.INTL  MIL.EO.TRMG.  ..  . 
3.TRAN-EXCESS  STOCK... 


E. OTHER  GRANTS. 


III. TOTAL  ECON.  S  MIL... 

LOANS 

GRANTS 


6.6 

9.7 

13.5 

4.8 

3.7 

0.0 

1.8 

4.0 

13.5 

1.7 

4.0 

13.2 

0.0 

0.0 

0.0 

1.7 

4.0 

13.2 

0.0 

0.0 

10.0 

4.9 

5.7 

0.0 

4.8 

5.7 

0.0 

0.1 

0.0 

0.0 

4.3 

5.7 

0.0 

4.8 

5.7 

0.0 

0.0 

0.0 

0.0 

0.1 

0.0 

0.0 

0.1 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.3 

0.0 

0.0 

0.0 

0.0 

0.0 

0.3 

O.D 

0.0 

0.3 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

1.6 

3.1 

2.1 

0.3 

0.0 

0.0 

1.6 

3.1 

2.1 

1.5 

3.0 

1.9 

0.0 

0.0 

0.0 

0.1 

0.1 

0.2 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

8.2 

12.3 

15.6 

4.8 

5.7 

0.0 

3.4 

7.1 

15.6 

OTMER  US  LOANS 0.0 

0.0       0.0 

EK-IM  BANK  LOANS 0.0 

ALL  OTHER 0.0 

0.0       0.0 
0.0       0.0 

ASSISTANCE  FROM  INTERNATIONAL  AGENCIES 
1934      1935      1936 

1946-36 

TOTAL 

94.8 

53.5 

44.0 

596.5 

IBRD 

0.0 

0.0 

0.0 

73.5 

IPC 

0.0 

0.0 

"I  .0 

17.1 

IDA 

46.7 

17.5 

43.0 

262.2 

103 

0.0 

0.0 

0.0 

0.0 

AD3 

0.0 

0.0 

0.0 

'0.0 

AFDa 

44.9 

27.6 

0.0 

117.2 

UNDP 

3.2 

4.3 

0.0 

63.6 

OTHER-UN 

0.0 

1.9 

0.0 

11.0 

EEC 

0.0 

7,5 

0.0 

51.9 

140 


GUINEA-BISSAU 


The  Republic  of  Guinea-Bissau  adopted  a  constitutional  form  of 
government  in  May  1984,  when  the  4-year  old  Revolutionary 
Council,  established  after  the  1980  coup  d'etat,  was 
abolished.   Following  the  promulgation  of  the  Constitution, 
elections  were  held  for  the  National  Popular  Assembly,  which  in 
turn  elected  General  Joao  Bernardo  Vieira  to  a  5-year  term  as 
President  of  the  Council  of  State.   The  150-member  Assembly 
also  chose  the  other  members  of  the  Council.   Despite  adoption 
of  the  Constitution,  effective  control  remains  in  the  hands  of 
President  Vieira,  who  serves  as  Head  of  State,  Commander  in 
Chief,  and  general  secretary  of  Guinea-Bissau's  sole  political 
party,  the  African  Party  for  the  Independence  of  Guinea  and 
Cape  Verde  (PAIGC) . 

Political  opposition  is  forbidden.   The  party  selects  all 
candidates  for  office,  who  run  unopposed  at  all  levels  of 
government.   The  1984  Constitution  nominally  guarantees  the 
equality  of  all  citizens,  the  rights  of  man,  and  the  rule  of 
law.   The  Government  generally  accords  these  rights,  but  the 
rigidity  of  the  single  party  system  clearly  limits  individual 
political  freedom.   The  Government  cites  national  security  to 
crack  down  on  activities  it  views  as  a  threat  to  its 
authority.   The  armed  forces  (FARP)  are  responsible  for  state 
security,  both  internal  and  external,  as  mandated  by  the 
Constitution.   Persons  accused  of  political  crimes  are  tried  by 
military  tribunals. 

Economically,  Guinea-Bissau  remains  one  of  the  world's  poorest 
and  least  developed  nations,  dependent  upon  foreign  aid  for  its 
survival.   The  Government's  post  independence  efforts  to 
exercise  Soviet-style  control  over  the  economy  resulted  in 
chronic  shortages  of  the  most  basic  commodities,  high 
unemployment,  and  a  worthless  currency.   In  1986  the  Government 
continued  reforms  initiated  in  1983  aimed  at  stimulating  the 
private  sector,  shifting  ownership  of  the  means  of  production 
from  state  to  private  hands,  and  bringing  the  moribund  economy 
back  to  life. 

The  Government's  human  rights  record  was  marred  by  several 
events  during  1986.   Six  of  the  50  persons  arrested  in  October 
1985  for  plotting  to  oust  President  Vieira  were  tried  for 
treason  and  executed  in  July.   Another  five  of  the  accused  died 
mysteriously  in  prison  while  awaiting  trial.   Incidents  of 
religious  persecution  and  suppression  of  freedom  of  the  press 
also  occurred  in  Guinea-Bissau  during  1986. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1   Respect  for  Integrity  of  the  Person,  Including 
Freedom  from: 

a.  Political  Killing 

There  were  no  reports  of  political  killing. 

b.  Disappearance 

There  were  no  known  cases  of  disappearance. 

c.  Torture  and  Cruel,  Inhuman,  or  Degrading  Treatment  or 
Punishment 

Five  persons  accused  of  plotting  to  overthrow  the  Government 
died  in  prison  between  February  12  and  June  1,  before  they 


141 


GUINEA-BISSAU 

could  be  brought  to  trial.   The  official  explanation  of  their 
deaths  is  that  four  died  of  natural  causes,  and  the  fifth  was 
shot  while  trying  to  escape.   It  is  widely  believed,  however, 
that  four  died  as  a  result  of  beatings  received  in  prison.   The 
families  of  four  of  the  five  victims  were  not  allowed  to  view 
the  bodies.   In  the  fifth  case,  the  family  saw  the  body  only 
from  a  distance,  but  claimed  that  they  could  see  discolorations 
and  an  indentation  on  the  side  of  the  head. 

The  Constitution  prohibits  cruel  and  inhuman  punishment. 
However,  prison  conditions  are  unsanitary  and  cramped,  and 
interogation  methods  are  severe.   Prisoners'  families  routinely 
bring  them  food  and  medical  supplies.   Capital  punishment  is 
forbidden  in  civil  criminal  cases  but  allowed  in  cases  before 
military  tribunals. 

d.  Arbitrary  Arrest,  Detention,  or  Exile 

Arrests  in  Guinea-Bissau  are  frequently  arbitrary,  as  arrest 
procedures  are  undefined  and  the  use  of  arrest  warrants  is  the 
exception  rather  than  the  rule.   Traditional  law  still  prevails 
in  most  rural  areas.   The  legal  system  inherited  from  the 
Portuguese  colonial  regime,  but  modified  by  the  Constitution, 
functions  in  the  capital,  Bissau,  and  other  urban  centers.   It 
includes  important  procedural  rights,  such  as  the  right  to 
counsel  and  the  right  to  a  judicial  determination  of  the 
legality  of  detention.   Bail  procedures  are  observed 
erratically.   The  Government  has  the  legal  right  to  exile 
prisoners  but  did  not  do  so  in  1986. 

There  is  no  forced  or  compulsory  labor  in  Guinea-Bissau. 

e.  Denial  of  Fair  Public  Trial 

The  judicial  system  is  based  on  the  Portuguese  model,  with  some 
exceptions.   Intervals  between  arrest  and  trial  are  often 
lengthy.   All  defense  lawyers  are  court  appointed,  as  private 
legal  practice  is  prohibited.   The  judiciary  is  part  of  the 
executive  branch.   Trials  involving  state  security  are  not  open 
to  outside  observers  and  are  conducted  by  military  tribunals. 
FARP  members  are  tried  by  military  courts  for  all  offenses. 
The  Supreme  Court  is  the  final  court  of  appeal  for  both 
civilian  and  military  cases  except  those  involving  national 
security  matters,  in  which  cases  the  Council  of  State  reviews 
all  decisions. 

Former  Vice  President  Paulo  Correia,  former  Deputy  Minister  of 
Justice  Viriato  Pa,  and  four  others  who  had  been  arrested  in 
October  1985,  were  charged  with  plotting  a  coup,  tried  before  a 
military  court  in  June  1986,  and  subsequently  sentenced  to 
death.   They  were  executed  by  firing  squad  on  July  17,  1986, 
despite  appeals  for  clemency  by  Presidents  Mitterand  of  France 
and  Scares  of  Portugal,  the  Pope,  Amnesty  International,  and 
all  Western  Chiefs  of  Mission  accredited  to  Bissau.   Six  others 
who  were  sentenced  to  death  had  their  sentences  commuted  to  15 
years  of  hard  labor.   President  Vieira  justified  the  executions 
as  necessary  to  preserve  national  security,  declaring  that 
former  Vice  President  Correia  had  attempted  a  coup  once  before 
and  that  all  of  those  executed  had  sought  to  incite  ethnic 
divisions  within  the  society  to  overthrow  the  Government. 
Forty-five  other  defendants  in  the  treason  trial  were  sentenced 
to  varying  prison  terms. 


I 


142 


GUINEA-BISSAU 

f .   Arbitrary  Interference  with  Privacy,  Family,  Home,  or 
Correspondence 

The  Constitution  guarantees  the  inviolability  of  domicile, 
person,  and  correspondence.   These  guarantees  are  not  always 
respected  in  cases  of  serious  crimes  or  state  security  where, 
for  example,  the  use  of  search  warrants  is  rare.   International 
and  domestic  mail  is  subject  to  surveillance  and/or  censorship. 

Section  2  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press 

The  Constitution  guarantees  freedom  of  intellectual,  artistic, 
and  scientific  expression,  with  the  significant  exception  of 
cases  in  which  these  rights  are  exercised  in  a  manner  "contrary 
to  the  promotion  of  social  progress."   In  fact,  the  Government 
controls  all  information  media  and  views  the  press  as  a  vehicle 
of  the  party.   Self-censorship  by  journalists  is  common. 
However,  some  criticism  and  questioning  of  policies  is 
permitted,  although  never  of  individual  officials.   In  June  the 
Government  expelled  a  Portuguese  journalist,  who  had  written  of 
local  corruption  and  human  rights  violations,  when  he  refused 
to  reveal  his  sources. 

b.  Freedom  of  Peaceful  Assembly  and  Association 

The  Constitution  guarantees  freedom  of  assembly  and 
association,  and  government  approval  is  not  required  for 
peaceful  assemblies  and  demonstrations.   However,  all  existing 
organizations  and  associations  are  linked  to  the  Government  or 
the  party,  including  the  sole  labor  union,  the  National  Union 
of  the  Workers  of  Guinea-Bissau  (UNTG) .   The  UNTG  is  affiliated 
with  the  Communist-controlled  World  Federation  of  Trade  Unions 
and  is  a  member  of  the  Organization  of  African  Trade  Union 
Unity.   Strikes,  while  not  specifically  forbidden,  do  not 
occur.   Manufacturing  is  extremely  limited  and  all  major 
enterprises  are  state  owned.   Thus,  the  overwhelming  majority 
of  salaried  workers  are  employees  of  the  state,  and  the  union 
is  forbidden  to  organize  these  public  workers. 

c.   Freedom  of  Religion 

Religious  freedom  is  guaranteed  by  the  Constitution  and  has 
been  respected.   Christians,  Muslims,  and  animists  worship 
freely,  and  proselytizing  is  permitted.   However,  a  new  and 
growing  religious  movement  known  as  the  Yanque-Yanque  has 
emerged  and  its  practices  have  caused  the  Government  concern. 
This  movement,  founded  a  few  years  ago  by  a  woman  who  claims  to 
receive  visions  and  to  have  healing  powers,  finds  its  support 
mainly  among  young  Balantas  (the  same  ethnic  group  from  which 
most  of  the  coup  plotters  came) .   Yanque-Yanque  is  a 
monotheistic  religion  which  rejects  traditional  animist. 
Christian,  and  Muslim  values  and  is  charactized  by  unusual  and 
sometimes  violent  rituals  which  include  the  taking  of  a  locally 
produced  narcotic  mixture.   These  rituals  have  occasionally 
caused  physical  harm  to  participants  and  even  to  individuals 
outside  the  movement.   Moreover,  the  Yanque-Yanque  reject 
modern  social  and  economic  structures  including,  by 
implication,  the  Government.   At  this  time  Yanque-Yanque  does 
not  constitute  a  political  movement.   Nevertheless,  the 
Government  has  questioned,  detained,  and  occasionally  arrested 
several  Yanque-Yanque  leaders,  often  on  narcotics  charges.   The 
occasional  taking  of  drugs,  without  any  legal  repercussions,  is 
a  characteristic  of  the  rituals  of  some  other  local  religions. 


143 


GUINEA-BISSAU 

d.   Freedom  of  Movement  Within  the  Country,  Foreign 
Travel,  Emigration,  and  Repatriation 

The  Government  introduced  several  steps  to  ease  restrictions  on 
freedom  of  movement  within  the  country,  emigration,  and  foreign 
travel.   President  Vieira  abolished  the  network  of  roadblocks 
set  up  to  control  smuggling,  and  Guinea-Bissauans  can  now 
travel  freely  throughout  the  country.   The  President  also  made 
it  easier  for  citizens  to  obtain  passports  and,  though  the 
Government  does  not  encourage  emigration,  spoke  of  his 
understanding  of  the  economic  conditions  which  have  compelled 
thousands  to  emigrate.   He  also  invited  all  Guinea-Bissauans 
living  abroad  to  return  home  without  fear  of  retribution. 
While  sympathetic  to  the  principle  of  asylum,  Guinea-Bissau 
does  not  host  significant  numbers  of  refugees. 

Section  3   Respect  for  Political  Rights:   The  Right  of  Citizens 
to  Change  Their  Government 

Guinea-Bissau  is  led  by  the  PAIGC  party  and  military  (FARP) 
elite,  headed  by  President  Joao  Bernardo  Vieira.   By  the  terms 
of  the  Constitution,  all  political  activity  must  take  place 
within  the  party/state  structure.   The  1984  electoral  slates 
for  the  National  Popular  Assembly  at  the  district,  regional, 
and  national  levels  were  party-prepared  lists.   Write-in  or 
opposition  candidacies  were  not  permitted.   The  President, 
members  of  the  Council  of  State,  and  National  Popular  Assembly 
deputies  are  elected  to  5-year  terms.   There  are  provisions  for 
revision  of  the  Constitution  and  national  referendums.   Change 
occurs  through  Presidential  decisions  supportad  by  the  Council 
of  State.   No  single  ethnic  group  dominates  party/government 
positions,  but  the  fact  that  the  city  of  Bissau  is  located  in  a 
Papel  and  Creole  (mixed-race)  inhabited  zone  guarantees  these 
two  groups  disproportionate  representation  within  the 
Government.   Women  have  legal  equality  with  men  and  hold  some 
influential  jobs  within  the  party  and  the  Government.   The 
current  Secretary  of  State  for  Labor  and  Social  Security  and 
the  President  of  the  National  Assembly  are  both  women. 
Foreigners  residing  in  Guinea-Bissau  are  entitled  to  the  same 
rights  as  citizens,  except  for  the  right  to  vote  and  hold 
public  office. 

Section  4   Governmental  Attitude  Regarding  International  and 

Nongovernmental  Investigation  of  Alleged  Violations 
of  Human  Rights 

President  Vieira  welcomed  the  visit  of  an  Amnesty  International 
team  during  the  coup  plot  trials  in  June,  pointing  out  that 
such  a  visit  would  not  be  allowed  by  many  African  nations.   The 
Amnesty  team,  however,  was  tightly  scheduled  and  had  little 
time  for  making  independent  contacts  while  in  Bissau.   The  team 
observed  the  trials  for  1  day.   President  Vieira  continues  to 
invite  international  delegations  to  visit  and  inspect  human 
rights  conditions  in  Guinea-Bissau.   There  are  no  local  human 
rights  groups  operating  in  the  country. 

Section  5   Discrimination  Based  on  Race,  Sex,  Religion, 
Language,  or  Social  Status 

The  population  of  Guinea-Bissau  comprises  diverse  tribal  groups, 
each  with  its  own  language,  customs,  and  social  organization. 
The  Fula,  Mandinga,  Balanta,  and  Papel  are  important  groups. 
The  underdevelopment  of  the  country  precludes  any  one  ethnic 
group  from  asserting  itself  economically  or  politically,  as  all 
groups  are  desperately  poor.   Creoles  enjoy  a  somewhat 


144 


GUINEA-BISSAU 

advantageous  position  within  the  society,  due  to  their 
generally  higher  level  of  education  and  their  links  to  Portugal 
and  Cape  Verde.   However,  this  has  not  resulted  in  economic  or 
political  domination.   President  Vieira  has  spoken  repeatedly 
of  the  need  for  creating  a  stronger  sense  of  nationhood.   His 
public  statements  concerning  the  July  executions  of  coup 
plotters  reflect  his  belief  that  they  were  seeking  to  divide 
the  society  in  order  to  assure  the  domination  of  the  Balanta 
ethnic  group.   The  Balanta  group  is  the  largest  in 
Guinea-Bissau  but  does  not  constitute  a  majority  of  the 
population.   There  is  no  evidence  of  any  strong  dissatisfaction 
among  the  Balanta,  other  than  the  general  disaffection  over 
economic  conditions  which  is  common  in  Guinea-Bissau. 

Discrimination  against  women,  while  officially  prohibited, 
continues  within  certain  ethnic  groups,  especially  the  Muslim 
Fulas  and  Mandinkas  of  the  north  and  east.   Among  those  groups 
female  circumcision  is  still  practiced,  despite  official 
prohibition  and  educational  campaigns  against  this  custom. 
Women  enjoy  higher  status  in  the  societies  of  the  Balanta, 
Papel,  and  Biagos  groups  living  mainly  in  the  southern  coastal 
region. 

CONDITIONS  OF  LABOR 

In  an  overwhelmingly  rural  and  agricultural  society, 
traditional  division  of  labor  practices,  both  between  sexes  and 
age  groups,  continue  to  prevail.   Children  in  all  rural 
communities  work  in  the  fields  and  at  home  for  no  pay.   The 
Government  does  not  attempt  to  discourage  this  practice  and,  in 
fact,  delays  the  opening  of  schools  until  the  rice-planting 
season  has  ended.   Even  in  the  small  modern  sector,  labor  laws 
are  ill-defined  and  unevenly  enforced  in  Guinea-Bissau,  due 
primarily  to  the  extreme  economic  underdevelopment  of  the 
society.   However,  there  are  government  regulations  covering 
such  matters  as  job-related  disabilities  and  vacation  rights; 
and  the  Government  is  soon  expected  to  approve  the  draft  of  a 
new  labor  code,  which  will  set  a  minimum  age  of  14  for  general 
factory  labor  and  of  18  for  heavy  or  dangerous  labor,  including 
all  labor  in  mines.   The  normal  work  week  is  39  hours.   There 
is  no  minimum  wage. 


145 


U.  3. OVERSEAS 


•LOANS  AND  GRANTS"  OBLIGATIONS  AND  LOAN  AUTHORIZATIONS 
<U. 5. FISCAL  YEARS  -  MILLIONS  OF  DOLLARS) 


COJNTRY:  GJINEA-aiSSAU 


1984 


1935 


1936 


I.ECON.  ASSIST.-TOTAL.., 

LOANS 

GRANTS 

A. AID  

LOANS , 

GRANTS 

(SEC. SUPP. ASSIST.)  ..  , 

B.FOOD  FOR  PEACE , 

LOANS , 

GRANTS , 

TITLE  I-TOTAL 

REPAY.  IH     J-LOANS...., 
PAY.  IN  POR.  CURR..... 

TITLE  II-TOTAL 

E. RELIEF. EC. DEV  i  WFP, 

VOL. RELIEF  AGENCY 

C. OTHER  ECON.  ASSIST..  , 

LOANS 

GRANTS 

PEACE  CORPS 

NARCOTICS 

OTHER 


II. MIL.  ASSIST.-TOTAL. 

LOANS , 

GRANTS 

A. MAP  GRA>JTS , 

3. CREDIT  FINANCIMG.. 
C.INTL  MIL.EO.TRNG.  . 
D.TRAN-EXCESS  STOCK, 
r. OTHER  GRANTS , 


III. TOTAL  ECON.  S  MIL. 

LOANS , 

GRANTS , 


5.3 

4.1 

0.4 

0.0 

0.0 

0.0 

5.0 

4.1 

0.4 

2.0 

3.5 

0.4 

0.0 

0.0 

0.0 

2.0 

3.5 

0.4 

0.0 

0.0 

0.0 

3.0 

0.6 

3.0 

0.0 

0.0 

0.0 

3.0 

0.6 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

3.0 

0.6 

0.0 

3.0 

0.6 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

5.0 

4.1 

0.4 

0.0 

0.0 

0.0 

5.0 

4.1 

0.4 

OTHER  US  LOANS 0.0 

0.0 
0.0 
0.0 

0. 
0. 
0. 

.  0 

EK-IM  BANK  LOANS 0.0 

ALL  OTHER 0.3 

,0 
,0 

ASSIS-TANCE  FROM  INTERNATIONAL  AGENCIES 
1934      1935      1986 

1946- 

-86 

I 


TOTAL 

18.7 

16.3 

0.0 

124.2 

IBRD 

0.0 

0.0 

0..0 

0.0 

IFC 

3.0 

0.0 

0.0 

0.0 

104 

3.0 

16.3 

0.0 

68.9 

103 

0.0 

0.0 

0.0 

0.0 

AD3 

0.0 

0.0 

0.0 

0.0 

AFOB 

9.6 

0.3 

0.0 

37.8 

UNDP 

3.5 

0.3 

,  O.C 

15.8 

OTHER-UN 

3.6 

0.0 

0.0 

1.7 

EEC 

O.C 

0.0 

0.0 

0.0 

146 


KENYA 


Kenya  has  been  a  one-party  state  by  law  since  1982,  and  the 
President,  Daniel  arap  Moi,  maintains  firm  control  over  both 
the  Government  and  the  party,  the  Kenyan  African  National 
Union  (KANU) .   The  role  of  the  party  has  grown  significantly 
in  recent  years,  especially  in  1986,  when  Moi  personally  led  a 
massive  party  membership  campaign.   Kenya  has  a  popularly 
elected  National  Assembly  of  158  members,  and  12  additional 
members  are  appointed  by  the  President.   Parliament  plays  a 
minor  role  in  policy  initiatives,  although  it  is  involved 
frequently  in  local  and  regional  issues.   Within  the  one-party 
system,  there  is  considerable  competiton  for  parliamentary 
seats.   The  Government  allegedly  interferes  in  some  especially 
sensitive  cases  to  ensure  that  certain  candidates  are  elected. 
In  1986  the  Government  attempted  to  tighten  control  over  the 
party  electoral  process  by  proposing  a  law  requiring  that  all 
voters  (with  the  exception  of  certain  members  of  the  clergy, 
civil  service,  and  military)  physically  queue  behind  candidates 
on  election  day,  thereby  effectively  eliminating  the  secrecy 
of  the  ballot.   Parliament  has  not  yet  enacted  this  proposed 
controversial  voting  requirement,  which  could  apply  to  all 
party  elections  and  the  preliminaries  to  the  general  elections 
scheduled  for  1988. 

Although  the  Kenyan  economy  has  recovered  from  the  1984 
drought,  its  annual  gross  national  product  growth  of 
approximately  4.5  percent  has  barely  kept  pace  with  the  growth 
in  population,  approximately  4  percent  annually.   Unemployment 
continues  to  rise  as  more  than  300,000  new  workers  enter  the 
job  market  each  year,  while  the  economy  annually  generates  at 
most  40,000  new  wage-earning  positions.   Kenya  has  a  well- 
developed  private  sector  and  produces  not  only  most  of  the 
food  it  consumes  but  also  an  exportable  surplus  of  corn  in 
good  years.   The  Government  has  begun  to  display  an  awareness 
of  the  need  to  promote  even  greater  privatization  in  most 
areas  of  the  economy,  including  inefficient  public 
corporations . 

The  human  rights  situation  in  Kenya  was  subject  to  some  strain 
in  1986.   As  a  result  of  agitation  by  a  clandestine  dissident 
group  called  "Mwakenya",  some  individuals  were  detained  and 
released,  while  others  were  tried,  convicted,  and  incarcerated. 
Still  others  fled  the  country  out  of  fear  of  being  arrested  or 
detained.   Little  is  known  publicly  about  the  group  except 
that  it  was  founded  in  1981  in  the  Kikuyu  division  of  Kiambu 
district  outside  Nairobi. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1   Respect  for  the  Integrity  of  the  Person,  Including 
Freedom  from: 

a.  Political  Killing 

There  were  no  reports  of  politically  motivated  killings. 

b.  Disappearance 

There  were  no  instances  when  people  disappeared  under 
suspicious  circumstances.   Some  uncharged  detainees,  e.g., 
from  the  Mwakenya,  are  still  being  held,  but  the  disappearance 
of  any  of  them  would  be  unprecedent-ed  in  Kenyan  politics. 


147 


KENYA 

c.  Torture  and  Cruel,  Inhuman,  or  Degrading  Treatment  or 
Punishment 

Torture  is  specifically  proscribed  under  the  Constitution. 
Isolated  reports  of  police  torture  do  not  suggest  that  torture 
is  commonly  practiced,  but  rather  indicate  that  physical  abuse 
and  degradation  are  occasionally  carried  out  by  some  persons 
without  official  Government  sanction.   When  allegations  of 
torture  do  emerge,  they  are  usually  investigated  by  the 
Government.   Police,  however,  often  use  excessive  force  in 
apprehending  suspected  criminals,  and  some  suspects  have 
allegedly  been  killed  while  fleeing  the  scene  of  a  crime. 

Prison  conditions  in  Kenya  are  poor,  and  Amnesty  International 
has  expressed  concern  over  the  treatment  of  detainees  as  well 
as  of  prisoners  who  have  been  formally  tried  and  convicted. 
The  Preservation  of  Public  Security  Act  of  1982  allows 
prisoners  to  be  held  in  solitary  confinement,  with  almost  no 
outside  contact  with  families  and  legal  counsel.   In  at  least 
one  case  in  1986,  there  were  serious  allegations  of  denial  of 
medical  treatment  to  a  political  prisoner.   Prisoners  are  often 
required  to  sleep  on  cold  cement  floors  which  are  sometimes 
covered  in  urine  because  of  inadequate  toilet  facilities. 
Overcrowding  has  recently  become  a  problem  in  some  jails, 
especially  in  Nairobi.   Correspondence  with  prisoners  is 
monitored,  censored,  and  frequently  not  delivered.   Security 
officials  are  always  present  when  detainees  or  prisoners 
consult  with  family  members  or  attorneys. 

d.  Arbitrary  Arrest,  Detention,  and  Exile 

The  Government  has  from  time  to  time  secretly  detained  persons 
implicated  in  alleged  antigovernment  activities.   Since 
resuming  the  practice  of  formal  detention  without  charge,  the 
Government  has  detained  or  restricted  18  persons  under  the 
Preservation  of  Security  Act,  including  5  in  1986  in  connection 
with  Mwakenya .   Ten  uncharged  detainees  were  released  in 
1983-84,  and  one  in  1985.   At  present,  nine  persons  are  being 
held  under  the  Act.   Seven  of  these  are  being  held  under 
suspicion  of  Mwakenya  involvement,  and  two  for  alleged  links 
to  the  1982  coup  attempt.   A  total  of  37  Kenyans  were  tried, 
convicted,  and  sentenced  for  sedition  in  connection  with 
Mwakenya.   Forty-nine  more  were  released  after  questioning. 

Other  Kenyans  have  been  seized  and  held,  usually  for  short 
periods,  without  being  detained.   Approximately  60  to  65 
soldiers  and  airmen  were  jailed  after  the  1982  coup  attempt. 
Thirty-four  were  released  in  June  1986,  while  the  rest  are 
still  being  held.   They  are  subject  to  military  jurisdiction, 
and  none  has  been  charged  with  a  crime. 

Aside  from  the  detention  cases  falling  under  the  Preservation 
of  Public  Security  Act  and  the  unprecedented  circumstances 
resulting  from  the  attempted  coup  of  August  1982,  detained 
persons  generally  have  the  right  to  a  judicial  determination 
of  the  legality  of  their  detention.   Kenyan  law  requires  that 
persons  charged  with  crimes  be  brought  biweekly  before  judicial 
authorities  in  public  court  to  ensure  that  investigations  are 
conducted  in  a  timely  manner  and  that  prisoners  are  not 
mistreated.   The  degree  of  compliance  with  the  biweekly  review 
requirement  varies,  however,  according  to  the  individual 
magistrate  responsible  for  assuring  adherence  to  these 
procedures.   Detainee  cases  are  reviewed  every  6  months  by  a 
confidential  detainees  review  tribunal. 


I 


148 


KENYA 

Self-exile  has  become  a  course  of  action  frequently  chosen  by- 
Kenyan  dissidents.   As  a  result  of  the  1982  coup  attempt  and 
the  1986  Mwakenya  controversy,  several  critics  of  the 
Government  have  fled  the  country,  including  one  former  member 
of  Parliament,  Koigi  Wa  Wamwere.   The  exiles  claim  that  they 
fled  to  avoid  detention  for  their  political  views.   The 
Government  regards  them  as  voluntary  exiles  and  asserts  that 
all  are  free  to  return  to  Kenya.   One  Kenyan  journalist,  who 
had  returned  from  self-exile  in  July  after  reportedly  receiving 
official  assurances  of  freedom  from  arrest/prosecution,  claims 
to  have  been  detained,  held  incommunicado  for  2  days,  and 
expelled  from  the  country  after  being  formally  stripped  of  his 
Kenyan  citizenship.   His  alleged  offense  was  the  authoring  of 
articles  critical  of  the  Government  while  abroad.   However, 
neither  exile  nor  the  threat  of  exile  is  routinely  used  by  the 
Government  as  a  means  of  coercion  or  intimidation. 

Kenya  has  not  ratified  the  International  Labor  Organization 
(ILO)  convention  No.  105  on  The  Universal  Abolition  of  Forced 
Labor.   Although  forced  labor  is  not  practiced  in  Kenya,  the 
Kenyan  Government  has  retained  the  colonial  "Chiefs'  Authority 
Act,"  a  provision  of  which  empowers  chiefs  to  coerce  labor 
under  certain  circumstances.   While  forced  labor  may 
technically  be  legal  in  some  cases,  this  provision  of  the 
Chiefs'  Authority  Act  has  not  been  invoked  since  independence. 

e.  Denial  of  Fair  Public  Trial 

The  Kenyan  judiciary  usually  exhibits  considerable 
independence.   In  cases  involving  detention  under  the 
Preservation  of  Public  Security  Act,  its  authority  is  limited 
to  ensuring  compliance  with  procedural  provisions.   Aside  from 
these  security  cases,  the  right  to  a  fair  public  trial  is 
usually  observed,  although  long  delays  and  postponements  are 
common . 

Civilians  are  tried  in  civilian  courts,  and  verdicts  may  be 
appealed  to  the  Kenyan  high  court.   High  court  justices, 
however,  are  appointed  and  dismissed  solely  at  the  pleasure  of 
the  President  and  are  thus  susceptible  to  executive  pressure. 
Military  personnel  are  tried  by  military  courts,  and  verdicts 
may  be  appealed.   Judge  advocates  are  appointed  on  a  case  by 
case  basis  by  the  chief  justice.   Members  of  the  press 
regularly  attend  and  report  on  court  proceedings,  both  civilian 
and  military.   Kenyans  do  not  have  a  right  to  representation 
by  legal  counsel,  except  in  certain  capital  cases.   Most,  but 
not  all,  persons  tried  for  capital  crimes  are  provided  counsel 
free  of  charge  if  they  cannot  afford  it. 

f.  Arbitrary  Interference  with  Privacy,  Family,  Home,  or 
Correspondence 

Security  officials  occasionally  conduct  illegal  searches  to 
apprehend  suspected  criminals  or  seize  allegedly  stolen 
property.   In  1986  searches  and  security  sweeps  were  conducted 
in  areas  along  the  Ugandan  border  in  an  effort  to  apprehend 
illegal  aliens  and  uncover  smuggled  goods,  especially 
firearms.   The  homes  of  suspected  dissidents,  including 
university  professors,  have  also  been  entered  and  searched, 
usually  for  alleged  subversive  or  incriminating  documents. 
Security  forces  reportedly  occasionally  employ  surveillance 
techniques  and  electronic  invasion  of  the  home. 


149 


KENYA 
Section  2   Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press 

Freedom  of  speech  and  press  are  proclaimed  in  the  Constitution. 
In  practice,  however,  these  freedoms  have  been  narrowly 
interpreted  by  Kenyan  authorities  (e.g..  Parliament  is  not 
permitted  to  discuss  foreign  affairs) .   The  existence  and  use 
of  the  detention  provisions  of  the  Preservation  of  Public 
Security  Act  discourage  public  exchange  of  views  on  political 
topics.   There  is  no  systematic  formal  censorship  of  the 
Kenyan  press,  but  in  April  a  major  Nairobi  newspaper  published 
a  list  of  18  widely  varying  publications  which  are  prohibited 
in  Kenya.   The  publications,  which  attack  the  Government  as 
authoritarian  and  undemocratic,  are  mostly  published  abroad 
and  are  prohibited  under  sections  63  and  52  of  the  penal  code. 
Pressure  has  also  been  brought  on  journalists  and  publications 
not  to  stray  too  far  from  the  prescribed  government  line.   In 
some  instances  journalists  have  been  fired  or  detained  without 
charge.   Government  officials  regularly  caution  editors  against 
printing  information  they  wish  withheld  from  the  public,  and 
the  editors  usually  comply.   However,  during  the  recent 
controversy  about  queueing  in  future  elections,  the  press 
printed  strong  arguments  from  politicians  and  the  clergy 
against  the  Government's  position.   The  press  occasionally 
reports  unflattering  news  about  government  civil  servants  but 
rarely  criticizes  government  leaders  and  never  criticizes  or 
attacks  the  President.   The  Government  also  discourages 
political  activism  by  university  faculty  and  students.   Kenya's 
institutions  of  higher  learning,  especially  the  University  of 
Nairobi,  have  frequently  been  closed  and  not  reopened  until 
assurances  were  given  that  students  would  cease  political 
activity.   Kenyan  officials  regularly  denounce  university 
lecturers  for  alleged  disloyalty  and  the  preaching  of 
tribalism. 

Kenya  has  a  30-member  film  censorship  board  under  the  auspices 
of  the  Ministry  of  Culture  and  Social  Sciences.   While  the 
board  must  approve  all  films  shown  in  Kenya,  a  variety  of  uncut 
foreign  films  are  available  in  Kenya.   A  10-member  television 
censorship  board  has  established  guidelines  that  govern  what 
can  be  shown  on  television. 

b.  Freedom  of  Peaceful  Assembly  and  Association 

Freedom  of  assembly  and  association  are  guaranteed  by  the 
Kenyan  Constitution,  although  these  rights  are  limited  by  the 
Public  Order  and  Police  Act,  which  gives  local  authorities  wide 
powers  to  control  public  gatherings.   It  is  illegal  to  convene 
an  unlicensed  meeting,  and  politicians  have  been  investigated 
or  arrested  for  violations  of  this  statute.   Licenses  to  hold 
public  meetings  are  rarely  denied.   When  they  are,  it  is 
usually  on  the  grounds  that  the  proposed  meeting  might  disturb 
civil  order.   With  the  exception  of  civil  servants,  who  are 
required  to  join  KANU,  Kenyans  are  not  officially  required  to 
join  any  political  organization.   Some  Kenyans  complained  of 
intimidation  and  harassment  during  the  1986  KANU  recruitment 
drive.   Party  membership  has  in  fact  become  a  test  of  one's 
loyalty  to  the  Government.   It  is  seen  increasingly  as  a 
prerequisite  to  enjoying  the  full  benefits  of  Kenyan 
citizenship.   The  Government  and  the  party  itself  both  claim 
that  party  membership  is  strictly  voluntary. 

Kenya  has  a  relatively  free  trade  union  movement.   Its  only 
trade  union  confederation,  the  Central  Organization  of  Trade 


150 


KENYA 

Unions  (COTU) ,  is  affiliated  with  the  Organization  of  African 
Trade  Union  Unity.   The  employees  of  all  permanent  enterprises 
employing  at  least  7  persons  may  be  organized  into  trade 
unions.   Approximately  75  percent  of  such  workers  are  actually 
unionized,  but  the  widespread  use  of  temporary  workers  inhibits 
organizing  efforts.   In  fact,  unions  represent  a  greater  number 
of  workers  in  collective  bargaining  than  actual  membership 
suggests  because  nonunion  workers  are  frequently  covered  by 
collective  bargaining  agreements  negotiated  for  their 
respective  enterprises.   Union  elections  in  1986  have  thus  far 
demonstrated  that  democracy  still  exists  in  the  Kenyan  trade 
union  movement.   Some  recent  campaign  practices,  however, 
(such  as  excluding  certain  members  from  running  for  office) 
prompted  the  Minister  of  Labor  to  urge  unions  to  overhaul 
their  constitutions  to  permit  freer  expression  of  dissenting 
views . 

Complex  labor  legislation  renders  strikes  virtually  illegal. 
Strikes  are  permitted  only  if  the  Ministry  of  Labor  has  not 
taken  action  towt.d  resolution  within  21  days  after  the  formal 
declaration  of  a  dispute.   Wildcat  strikes  of  1  or  2  days  are 
quite  common.   Most  union  disputes  are  settled  by  the  parties 
involved,  although  Kenya's  dispute  resolution  mechanism,  the 
Industrial  Relations  Court,  has  a  well-earned  reputation  for 
fairness  and  impartiality.   All  union  contracts  in  Kenya  are 
subject  to  Government  guidelines  which  limit  salary  increases. 
Seme  unions  that  have  been  unable  to  get  the  total  allowable 
increase  through  collective  bargaining  have  had  success, 
however,  in  obtaining  the  maximum  salary  increase  through 
litigation  in  the  Industrial  Court.   Some  unions  have  also 
gained  additional  workers  benefits,  such  as  expanded  health 
insurance  coverage  and  increased  housing  allowances.   All 
collective  agreements  must  be  approved  by  the  Industrial 
Court,  which  has  become  the  model  for  several  other  industrial 
courts  in  Africa. 

A  few  professional  organizations  such  as  the  Law  Society  of 
Kenya  have  been  formed. 

c.   Freedom  of  Religion 

A  wide  range  of  religious  groups  exists  in  Kenya,  and  freedom 
of  worship  is  protected  by  the  Constitution.   The  Government, 
however,  in  1986  criticized  church  leaders  for  alleged  meddling 
in  politics,  notably  the  queueing  question,  and  refused  to 
register  religious  groups  which  it  believes  may  pursue 
activities  harmful  to  Kenyan  society.   Nevertheless,  foreign 
missionaries  are  permitted  to  enter  and  work  in  Kenya,  and 
there  is  no  specific  religious  requirement  for  holding 
political  office.   The  Church  of  Jesus  Christ  of  Latter-day 
Saints  has  tried  without  success  to  obtain  registration  for 
the  past  4  years.   The  Government,  however,  has  not  interfered 
with  Mormon  meetings,  nor  has  it  registered  any  other  church 
during  this  period. 

In  1986  the  Government  and  some  church  leaders  disagreed  over 
the  proposed  new  voting  procedure  to  require  voters  to  express 
their  preferences  by  physically  queueing  behind  their  chosen 
candidates  instead  of  using  the  ballot  box.   Many  of  the  most 
respected  church  leaders  publicly  expressed  the  view  that  the 
proposed  voting  shift  represents  a  further  decline  in  the 
democratic  systems  of  the  country.   Subsequently,  the 
Government  announced  that  church  leaders  (and  others  in  certain 
specified  positions)  would  be  exempted  from  the  proposed 


151 


KENYA 

queueing  requirement.   Church  leaders  continue  to  oppose  the 
proposed  law. 

d.   Freedom  of  Movement  Within  the  Country,  Foreign 
Travel,  Emigration,  and  Repatriation 

Travel  within  Kenya  is  restricted  only  by  certain  provisions 
of  the  Preservation  of  Public  Security  Act,  which  limits 
movement  of  persons  considered  dangerous  to  public  security. 
These  provisions  are  rarely  invoked.   Following  the  1982  coup 
attempt,  the  Government  expanded  the  controls  over  travel 
abroad.   Although  Kenya  does  not  officially  prohibit  emigration 
of  its  nationals,  in  some  cases  the  Government  has  seized  the 
passports  of  controversial  Kenyans. 

Kenya  continues  to  accept  refugees,  despite  the  country's  high 
rate  of  unemployment.   In  1986  Kenya  accepted  over  8,000 
documented  refugees,  most  of  whom  were  from  Uganda,  Ethiopia, 
and  Rwanda.   An  estimated  20,000  more  persons  have  taken  refuge 
in  Kenya  unofficially.   Unrest  in  Uganda  has  prompted  many 
Ugandans  to  enter  Kenya  illegally,  and  the  Kenyan  Government 
has  begun  to  tighten  security  in  order  to  limit  their  numbers. 

Section  3   Respect  for  Political  Rights:   The  Right  of  Citizens 
to  Change  Their  Government 

President  Moi  and  a  small  group  of  advisors  control  all  major 
policy  decisions  in  the  Government  and  the  party.   Within  the 
one-party  system,  a  wide  range  of  candidates  competes  for 
party  and  National  Assembly  positions.   In  the  most  recent 
general  election  (1983),  up  to  15  candidates  contested  a 
single  parliamentary  seat.   In  that  same  election,  35  percent 
of  parliamentary  incumbents  were  voted  out  of  office, 
including  5  ministers  and  18  assistant  ministers.   Some 
critics  see  the  proposed  queueing  system  as  a  means  to  tighten 
party  control  over  the  electoral  process. 

In  Kenya's  post  independence  history,  neither  the  President  nor 
the  Vice  President  has  faced  an  opposing  candidate.   The 
Government  encourages  but  does  not  coerce  the  electorate  to 
vote.   Members  of  all  ethnic  groups  are  permitted  to  run  for 
office,  and  President  Moi  has  broadened  ethnic  representation 
in  the  Government  and  party.   Persons  from  12  different  ethnic 
groups  hold  cabinet  portfolios.   Sixteen  groups,  including 
Europeans,  are  represented  among  the  43  assistant  ministers  in 
the  Government.   Three  women  hold  seats  in  the  National 
Assembly.   More  than  20  female  candidates  were  elected  to 
municipal  office  in  1983.   The  range  of  allowable  discussion 
on  domestic  issues  in  the  National  Assembly  is  fairly  broad, 
although  there  is  no  criticism  of  the  President  or  any  of  his 
policies . 

Section  4   Governmental  Attitude  Regarding  International  and 

Nongovernmental  Investigation  of  Alleged  Violations 
of  Human  Rights 

The  Government  is  sensitive  to  criticism  regarding  human 
rights  in  the  country.   Various  groups,  including  Amnesty 
International,  have  appealed  to  the  Government  to  abandon  its 
use  of  formal  detention  without  charge.   President  Moi  has 
publicly  criticized  Amnesty  International  and  other  outside 
groups  for  meddling  in  Kenyan  politics.   There  are  several 
Kenyan  organizations  which  address  certain  issues  related  to 
human  rights,  but  none  which  focuses  exclusively  on  human 


66-986  0-87-6 


152 


KENYA 

rights  in  Kenya.   Kenya  has  not  ratified  the  Organization  of 
African  Unity's  Human  Rights  Charter  adopted  at  that 
organization's  1981  summit  in  Nairobi. 

Section  5  Discrimination  Based  on  Race,  Sex,  Religion, 
Language,  or  Social  Status 

Kenya  is  a  diverse  country  that  does  not  practice  legal 
discrimination  on  the  basis  of  race,  sex,  religion,  language, 
or  social  status.   Despite  recent  gains  by  women  in  many 
fields,  and  the  emergence  of  influential  women  in  Parliament, 
Government  ministries,  and  the  professions,  they  remain 
underrepresented  in  educational  institutions,  government,  and 
business.   This  is  not  a  matter  of  policy,  but  rather  the 
product  of  a  traditional  culture  that  has  long  prescribed  very 
limited  roles  for  women.   Women  are  a  crucial  factor  in  Kenyan 
labor  and  provide  about  three-quarters  of  Kenyan  farm  labor. 
Female  farm  labor  is  likely  to  maintain  its  prominent  position 
because  of  the  continuing  migration  of  men  to  cities  in  search 
of  higher-paying  jobs.   In  the  modern  sector,  women  earn  less 
than  men  for  comparable  work.   Many  Kenyan  ethnic  groups  still 
practice  female  circumcision,  although  the  Government  has 
mounted  a  major  effort  to  eliminate  the  practice  and  forbids 
such  operations  to  be  conducted  in  Government  facilities. 

Kenya's  Asian  community,  which  numbers  about  65,000,  accounts 
for  approximately  one-quarter  of  the  country's  total  economic 
output.   Kenya's  Africanization  campaign  has  resulted  in  some 
Asian  emigration,  and  many  Asians  are  concerned  about  the 
long-term  implications  of  the  policy.   Kenya  amended  its 
citizenship  law  in  1984,  depriving  many  Asians  and  Europeans 
of  Kenyan  citizenship.   Under  the  present  law,  people  born  in 
Kenya  of  non-Kenyan  parents  can  no  longer  claim  Kenyan 
citizenship. 

CONDITIONS  OF  LABOR 

Kenya's  population  of  approximately  21  million  is  projected  to 
double  early  in  the  21st  century.   Urbanization  continues  to 
accelerate  rapidly,  but  approximately  80  percent  of  Kenyans 
still  live  in  rural  areas,  and  most  are  employed  in  subsistence 
or  semisubsistence  agriculture.   Of  approximately  1  million 
persons  who  work  in  the  wage  economy,  approximately  50  percent 
are  government  employees. 

The  legal  minimum  age  for  employment  in  Kenya  is  16,  but  the 
law,  which  is  reviewed  periodically  by  the  Government,  is 
virtually  unenforceable,  and  many  children  begin  work  at  an 
earlier  age.   Kenya  has  adequate  legislation  to  provide 
acceptable  and  safe  conditions  for  workers,  including 
occupational  safety  and  health,  but  the  Government  is  unable 
to  enforce  compliance.   The  maximum  legally  allowable  work 
week  in  Kenya  is  52  hours.   A  minimum  wage  is  established. 


153 


U.S. OVERSEAS 


•LOANS  AND  GRANTS-  OBLIGATIONS  AND  LOAN  AUTHORIZATIONS 
(U.S. FISCAL  YEARS  -  MILLIONS  OF  DOLLARS) 


COJfJTRY:  KENYA 


1984 


1985 


1986 


I.ECON 

L 

G 

A. AID 

L 

G 

(SE 

B.FOO 

L 

G 

TITLE 

SEPA 

PAY. 

TITLE 

E.RE 

VOL. 

C.OTH 

L 

G 


.  ASSIST. -TOTAL.. 

OANS 

RANTS 


OANS 

RANT 

C.SU 

D  FO 

OANS 

RANT 

I-T 

Y.  I 

IN 

II- 

LIEF 

RELI 

ER  E 

OANS 

RANT 

PEA 

NAR 

OTH 


pp. ASSIST.) .., 
R  PEACE 


S 

OTAL 

fi    $-LOANS 

FOR.  CURR 

TOTAL 

.EC.OEV  3  WFP, 

EF  AGENCY 

CON.  ASSIST... 


C£  CORPS, 
COTICS... 
ER 


II. MIL.  ASSIST. -TOTAL. 

LOANS 

GRANTS 

A. MAP  GRANTS 

B. CREDIT  FINANCING.. 
:.INTL  MIL.EO.TR><G.. 
D.TRAN-EXCESS  STOCK, 
c. OTHER  GRANTS 


III. TOTAL  cCON.  8  MIL, 

LOANS 

GRANTS , 


71.8 

76.9 

46.5 

30.2 

9.5 

1.7 

41.6 

67.4 

44.8 

53.3 

39.8 

42.7 

25.4 

0.0 

1.7 

27.9 

39.8 

41.0 

21.0 

25.0 

14.4 

13.6 

32.6 

0.0 

4.8 

9.5 

0.0 

8.8 

23.1 

0.0 

4.8 

'.5 

0.0 

4.8 

9.5 

0.0 

0.0 

0.0 

0.0 

8.8 

23.1 

0.0 

5.6 

17.4 

0.0 

3.2 

5.7 

0.0 

4.9 

4.5 

3.8 

0.0 

0.0 

0.0 

4.9 

4.5 

3.8 

4.9 

4.5 

3.8 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

23.6 

21.7 

20.6 

10.0 

0.0 

0.0 

13.6 

21.7 

20.6 

12.0 

20.0 

19.1 

10.0 

0.0 

0.0 

1.6 

1.7 

1.5 

0.0 

D.O 

0.0 

0.0 

0.0 

0.0 

95.4 

98.6 

67.1 

40.2 

9.5 

1.7 

55.2 

89.1 

65.4 

OTHER  US  LOANS 0.0 

0.0       0.0 

c<-IM  BANK  LOANS 0.0 

ALL  OTHER 0.0 

D.O       0.0 
0.0       0.0 

ASSISTANCE  FROM  INTERNATIONAL  AGENCIES 
1934      1985      1986 

1946-86 

TOTAL , 

303.5 

76.4 

93.5 

2425.4 

laUD 

145.0 

32.6 

0.0 

1194.6 

IFC 

47.2 

12.4 

1.5 

129.5 

IDA 

64.5 

6.0 

75.0 

775.2 

103 

0.0 

0.0 

0.0 

q.o 

A03 

0.0 

0.0 

0.0 

0.0 

AFD3 

41.3 

15.3 

0.0 

132.9 

UNOP 

5.5 

3.7 

0.0 

71.8 

OHER-UN 

0.0 

6.4 

0.0 

23.5 

EEC 

0.0 

0.0 

22.0 

97.9 

154 


LESOTHO 


On  January  20,  1986  the  regime  of  Prime  Minister  Leabua 
Jonathan,  in  power  since  independence,  was  ousted  by  the 
Lesotho  Paramilitary  Force  (LPF).   The  coup  leaders  established 
a  Military  Council,  abolished  the  post  of  Prime  Minister,  and 
formally  conferred  all  legislative  and  executive  power  on 
Moshoeshoe  II,  the  previously  powerless  King  of  Lesotho.   The 
military  leaders  and  the  King  rule  by  decree  but  appointed  a 
mix  of  civilians  and  military  officers  to  a  restructured 
Council  of  Ministers  to  administer  the  day-to-day  operations 
of  the  new  Government.   The  new  regime  banned  "political 
activity"  for  an  unspecified  period. 

The  reasons  for  the  military  takeover,  led  by  Major  General 
J.M.  Lekhanya,  were  complex  but  were  rooted  in  the  fact  that 
the  Jonathan  regime,  which  itself  had  illegally  seized  power 
in  1970  after  adverse  electoral  results,  had  alienated  not 
only  key  Basotho  power  elements  but  also  the  general 
population.   In  addition,  the  South  Africans  had  virtually 
closed  the  land  borders  because  of  concerns  over  African 
National  Congress  (ANC)  cross-border  operations  and  were 
publicly  threatening  more  direct  action  if  the  Jonathan 
Government  did  not  root  out  ANC  presence  in  Lesotho. 

A  landlocked  country  completely  surrounded  by  South  Africa, 
Lesotho  is  almost  entirely  dependent  on  South  Africa  for  trade, 
finance,  and  employment.   About  half  of  the  male  labor  force  is 
employed  in  South  African  mines,  and  remittances  from  workers 
($250-$300  million  annually)  are  of  key  importance  in  the 
economy,  especially  in  financing  imports. 

The  new  Government  adopted  a  policy  of  national  reconciliation 
upon  its  assumption  of  power  and  did  not  engage  in  harsh 
reprisals  against  members  of  the  former  Government.   It  called 
for  the  return  of  Basotho  nationals  who  had  exiled  themselves 
for  political  or  economic  reasons  in  the  past,  although  Ntsu 
Mokhehle,  the  exiled  leader  of  the  Basotho  Congress  Party  and 
the  outlawed  Lesotho  Liberation  Army  (LLA)  rejected  the 
government's  general  amnesty.   In  1986  there  was  a  vast 
improvement  in  personal  security  with  the  disarming  of 
nonpolice  and  nonmilitary  personnel  undertaken  after  the  coup. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1   Respect  for  the  Integrity  of  the  Person,  Including 
Freedom  from: 

a.   Political  Killing 

There  have  been  three  incidents  since  December  1985  which 
involved  political  killings.   In  early  December  1985,  three 
citizens  of  Lesotho  and  six  South  African  exiles  were  killed  in 
a  nighttime  raid  in  Maseru  by  unidentified  assailants. 
Reportedly,  the  perpetrators  of  these  killings  were  assassins 
operating  against  suspected  ANC  members  and/or  sympathizers. 
In  March  1986,  two  senior  officers  of  the  Royal  Lesotho 
Defense  Force  (formerly  Lesotho  Paramilitary  Force),  awaiting 
trial  on  charges  stemming  from  events  surrounding  the  January 
1986  coup,  died  mysteriously  while  in  prison.   Despite  many 
rumors,  there  has  not  been  a  credible  explanation  for  these 
killings.   The  authorities  claimed  that  both  men  died  of 
natural  causes,  but  the  results  of  the  autopsies  and  of 
further  investigations  were  never  publicized. 


155 


LESOTHO 

Former  Minister  of  Information  Desmond  Sixishe  and  former 
Minister  of  Foreign  Affairs  Vincent  Makhele,  along  with  their 
wives,  were  abducted  from  the  home  of  Mrs.  Sixishe 's  sister  on 
November  15,  1986,  taken  to  a  mountain  road,  and  murdered. 
The  two  former  ministers  were  among  the  principal  radicals  in 
the  Jonathan  cabinet.   The  police  investigation  into  the  crime 
was  continuing  at  the  end  of  1986  amidst  much  public 
speculation  as  to  perpetrators  and  motives,  e.g.,  the  settling 
of  old  scores  by  Basotho  or  the  possibility  of  action  by  an 
LLA  or  a  South  African  assassination  team.   Some  observers 
speculated  on  possible  Military  Council  involvement  or 
complicity  in  the  crime. 

b.  Disappearance 

The  reports  of  known  disappearances  during  1986  concerned 
several  refugees  from  South  Africa  who  reportedly  were  lured, 
or  perhaps  kidnaped,  by  elements  operating  from  South  Africa 
and  reportedly  taken  across  the  border  into  the  Republic  of 
South  Africa.   There  have  been  no  credible  reports  of 
disappearances  of  Basotho  nationals. 

c.  Torture  and  Cruel,  Inhuman,  or  Degrading  Treatment  or 
Punishment 

The  advent  of  the  new  military  Government  resulted  in  a 
decrease  in  the  number  of  allegations  of  improper  police  and 
military  conduct.   While  it  is  probable  that  some  beatings  and 
harsh  interrogations,  particularly  of  criminal  suspects, 
continued  to  take  place,  the  new  Government  does  not  condone 
torture  or  other  forms  of  cruel  or  harsh  treatment  by  police 
or  military  authorities.   Incidents  of  police  abuses  that  do 
occur  are  believed  to  be  the  result  of  overzealousness  at 
lower  levels  and  lack  of  proper  supervision. 

d.   Arbitrary  Arrest,  Detention,  or  Exile 

Since  the  January  coup,  the  treatment  of  civilian  and  military 
personnel  associated  with  the  Jonathan  regime  has  generally 
been  good.   There  were  several  periods  of  interrogation  of 
some  former  ministers,  but  there  were  no  instances  of 
politically  motivated  arrest  and/or  prolonged  jail  detention 
or  evidence  of  intent  to  take  severe  retributive  action  against 
members  of  the  former  government  or  their  supporters.   In 
response  to  continued  public  statements  and  alleged  "plotting" 
in  August,  the  military  Government  restricted  the  movement  of 
several  former  ministers,  including  Jonathan,  to  their 
immediate  home  areas. 

Well  established  procedures  remain  in  effect  under  the  new 
Government  for  normal  civil  and  criminal  cases,  including  the 
right  of  a  detainee  to  an  early  determination  as  to  the 
legality  of  the  detention.   However,  in  political  cases,  the 
Internal  Security  (General)  Act  of  1982  applies.   This  Act 
provides  for  preventive  detention  without  charge  or  trial  for 
up  to  42  days  and  for  holding  detainees  incommunicado  for  part 
of  that  time.   During  the  second  stage  of  the  detention, 
ministerially  appointed  "advisors" — thus  far,  such  advisers 
have  been  employees  of  the  Government — report  on  the  health  of 
the  detainee,  investigate  whether  the  detainee  has  been 
involved  in  subversive  activities,  and  advise  the  Minister  on 
the  need  for  continued  detention.   Detainees  may  make 
representations  on  their  own  treatment  only  through  the 
advisors.   The  Internal  Security  (General)  Act,  as  amended 


156 


LESOTHO 

in  1984,  disallows  bail  in  cases  of  arqied  robbery  and  allows 
for  detention  of  witnesses  in  security  cases. 

Knowledgeable  observers  report  that  they  know  of  no  persons  in 
custody  as  a  result  of  alleged  political  activities  under  the 
new  regime.   A  credible  government  official  denies  that  the 
practice  of  political  detention  exists. 

There  is  no  forced  labor  practiced  in  Lesotho. 

e.  Denial  of  Fair  Public  Trial 

The  new  military  regime  did  not  institute  legal  proceedings 
against  Jonathan  or  other  members  of  his  regime  for  political 
or  other  crimes.   From  time  to  time  senior  government 
spokesmen  raised  the  possibility  of  trials  for  individual 
politicians  of  the  Jonathan  era  who  may  have  committed  common 
crimes,  as  opposed  to  political  acts  unacceptable  to  the  new 
Government.   The  only  persons  incarcerated  and  subjected  to 
either  the  threat  of  trial  or  actual  court  action  were  a  small 
number  of  soldiers  from  the  Lesotho  Paramilitary  Force  who,  in 
effect,  mutinied  against  the  Force  command  structure  just 
prior  to  the  January  20  coup.   As  noted  in  l.a.,  two  of  those 
persons  died  mysteriously  while  in  custody.   Court  martial 
proceedings  were  reportedly  instituted  against  several  others 
in  early  November. 

The  judiciary  in  Lesotho  remains  independent  under  the  new 
Government.   The  courts  have  acted  to  limit  infringements  of 
law  and  procedure  on  numerous  occasions  in  past  years.   Court 
decisions  and  rulings  are  respected  by  the  authorities. 
Accused  persons  have  the  right  to  counsel.   Under  the  system 
of  Roman-Dutch  law  applied  in  Lesotho,  there  is  no  trial  by 
jury.   The  judiciary  consists  of  a  Court  of  Appeal,  the  High 
Court,  magistrate  courts,  and  customary  or  traditional  courts 
which  exist  largely  in  rural  areas  to  administer  customary 
tribal  laws. 

The  new  regime  is  attempting  to  increase  familiarity  with  the 
law  and  its  protection  of  individual  rights  through  the 
established  educational  system.   The  King's  "Practical  Law  in 
Lesotho"  project,  which  is  backed  by  the  Ministers  of  Law  and 
Education  as  well  as  by  the  judiciary,  is  intended  to 
introduce  a  layman's  course  on  these  subjects  into  the  Lesotho 
high  school  curriculum. 

f.  Arbitrary  Interference  with  Privacy,  Family,  Home,  or 
Correspondence 

These  rights  are  generally  respected  in  Lesotho,  although 
under  the  Internal  Security  Act  the  police  have  wide  powers  to 
stop  and  search  and  to  enter  homes  or  other  places  for  a 
similar  purpose  without  a  warrant.   During  the  Jonathan 
regime,  there  were  credible  allegations  of  forced  entry  by 
authorities  into  the  home.   There  were  no  such  reports  in  1986. 

Section  2  Respect  for  Civil  Liberties,  Including: 

a.   Freedom  of  Speech  and  Press 

The  Human  Rights  Act  of  1983  provides  for  freedom  of  expression 
but  subordinates  this  freedom  to  the  protection  of  national 
security.   Early  in  1986,  a  formal  ban  on  "politics"  was 
announced.   Although  there  has  been  little  or  no  elaboration 
of  the  limits  of  that  ban,  it  has  been  interpreted  in  practice 


157 


LESOTHO 

by  the  public  as  prohibiting  formal  political  party  activity, 
including  prohibiting  persons  from  making  political  speeches 
or  publishing  or  distributing  political  party  materials.   Thus 
under  the  new  Government,  public  freedom  of  speech  in  the 
political  arena  is  tightly  restricted.   In  private,  however, 
the  Basotho  tend  to  openly  criticize  the  Government  and  the 
political  system. 

Opposition  viewpoints  are  expressed  freely  in  two  Sesotho- 
language  weekly  newspapers  published  by  the  Roman  Catholic 
Church  and  the  Evangelical  Church  respectively,  the  only 
privately  owned  newspapers  in  the  country.   During  the  Jonathan 
regime,  this  criticism  was  tolerated  but  was  attacked  strongly 
by  Lesotho's  sole  (and  governinent-owned)  radio  station  and  also 
by  the  government-published  weekly  newspaper,  Lesotho  Today. 
The  former  Government  also  rebutted  reporting  and  editorials 
on  Lesotho  in  the  South  African  media,  which  is  widely  followed 
in  Lesotho.   The  new  Government  has  adopted  policies  which  have 
not  exposed  it  to  much  adverse  comment  from  the  South  African 
media . 

The  new  Government  still  exerts  control  over  the  official 
media,  (one  radio  station  and  a  weekly  newspaper)  but  did  not 
resort  to  use  of  this  media  in  1986  to  attack  its  critics.   In 
fact,  apart  from  a  few  editorials  and  comments  in  the  church 
papers,  mainly  pressing  the  military  Government  to  continue 
its  effort  to  bring  back  into  the  political  life  of  the 
country  Ntsu  Mokhehle  and  his  Lesotho  Liberation  Army,  there 
has  been  remarkably  little  criticism  from  any  quarter.   This 
lack  of  criticism  was  due  in  part  to  the  military  Government's 
popularity  in  1986,  in  contrast  to  that  of  its  predecessor. 

b.   Freedom  of  Peaceful  Assembly  and  Association 

The  military  Government's  ban  on  "politics"  has  not  been 
interpreted  to  require  the  dissolution  of  existing  political 
parties,  but  it  precludes  political  meetings  and  rallies. 
Nonpolitical  organizations  and  professional  groups  continue  to 
exist  and  hold  their  regular  meetings. 

Numerous  individuals  within  the  society  meet  privately  to 
discuss  politics  and  may  be  working  out  future  strategies  for 
their  activities  as  members  of  political  parties  when  the 
current  ban  is  ultimately  lifted.   The  military  Government 
takes  a  relaxed  view  of  this  situation  and  has  made  no  attempt 
to  inhibit  such  political  discussion  and  advance  planning. 

All  trade  unions  in  Lesotho  enjoy  the  right  to  organize, 
bargain  collectively,  and  strike.   However,  trade  unionism  has 
played  a  relatively  minor  role  in  society,  largely  because  of 
the  small  size  of  the  modern  manufacturing,  retail,  and  service 
sectors.   In  1984  the  Government  intervened  to  urge  the 
formation  of  a  single  trade  union  confederation  after 
negotiations  for  the  merger  of  the  two  existing  confederations 
broke  down.   Although  some  opposition  to  the  new  confederation 
lingers,  24  of  Lesotho's  28  trade  unions  participated  in  the 
Lesotho  Congress  of  Free  Trade  Unions'  (LCFTU)  first  convention 
in  May  1985  and  elected  the  existing  leadership  to  a  3-year 
term.   The  LCFTU  redrafted  Lesotho's  badly  outdated  labor  laws, 
and  agreement  to  the  new  draft  by  the  Employers  Federation  is 
expected  in  1987. 

Union,  government,  and  employer  representatives  have 
participated  in  delegations  to  meetings  of  the  International 
Labor  Organization  and  other  foreign  trade  union  organizations. 


158 


LESOTHO 

Lesotho  has  hosted  meetings  of  the  labor  arm  of  the  Southern 
African  Development  Coordination  Conference,  as  well  as 
meetings  of  the  International  Mineworkers .   The  LCFTU  is  a 
member  of  the  democratically  oriented  International 
Confederation  of  Free  Trade  Unions,  as  well  as  of  the 
Organization  of  African  Trade  Union  Unity. 

c.  Freedom  of  Religion 

There  is  no  state  religion  in  Lesotho.   Free  and  open  religious 
practice  is  permitted.   Christianity  is  the  dominant  faith  of 
the  majority  of  Basotho,  with  the  principal  denomination  being 
Roman  Catholic.   There  is  a  significant  Protestant  minority  as 
well,  which  is  composed  of  the  Lesotho  Evangelical  Church 
(Presbyterian),  the  Anglican  Church,  and  a  number  of  other 
smaller  denominations.   Conversion  is  permitted,  and  there  is 
no  indication  that  there  is  any  social  or  political  benefit 
attached  to  belonging  to  any  particular  sect. 

A  number  of  church  groups  praised  the  new  Government's  call 
for  national  reconciliation,  and  some  groups  were  outspoken  in 
asking  the  Government  to  redouble  its  efforts  to  reintegrate 
Ntsu  Mokhehle  and  his  exiled  LLA  into  the  country's  political 
life.   The  previous  Government  was  critical  of  church  groups 
and  leaders,  accusing  them  of  conspiring  with  opposition 
political  factions  which  supported  violence.   Occasionally, 
Jonathan's  forces  harassed  prayer  meetings  calling  for 
national  reconciliation. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign 
Travel,  Emigration,  and  Repatriation 

As  one  of  its  first  major  acts,  the  new  Government  declared  a 
general  amnesty  for  all  Basotho  in  exile,  which  was 
specifically  aimed  at  Ntsu  Mokhehle,  exile  leader  of  the 
Basotho  Congress  Party  (BCP),  and  his  followers.   The 
Government  maintains  that  they  are  free  to  return  without  fear 
of  retaliation  for  past  activities.   However,  Mokhehle's 
attitude  indicated  that  he  wishes  to  return  only  if  he  can  be 
guaranteed  a  leading,  if  not  the  leading,  position  in  the 
existing  Government. 

According  to  the  Lesotho  Christian  Council  of  Churches,  more 
than  500  Basotho  who  were  resident  primarily  in  Botswana  and 
South  Africa,  including  BCP/LLA  members,  have  returned  to 
Lesotho.   Their  reception  has  been  positive,  despite  financial 
difficulties,  since  the  Government  has  limited  funds  available 
to  assist  in  the  repatriation  process. 

Concerning  refugees  from  South  Africa,  the  Government  wishes 
to  reduce  tensions  with  South  Africa  and  at  the  same  time  has 
declared  its  intent  to  honor  past  commitments  to  receive  all 
refugees  who  cross  into  Lesotho  seeking  asylum.   Accordingly, 
the  Government  arranges  movement  of  all  refugees  into  amenable 
third  countries,  primarily  Zambia,  Tanzania,  and  Kenya,  as 
soon  as  possible  after  they  are  formally  registered  as 
refugees.   To  prevent  ANC  armed  acts  against  South  Africa  from 
Lesotho  territory,  the  Government  announced  in  midyear  that 
all  foreign  nationals  who  enter  or  who  previously  had  entered 
Lesotho  improperly  must  register  as  refugees  or  they  would  be 
subject  to  repatriation  to  the  country  from  which  they  came. 
By  the  time  this  policy  was  announced,  many  ANC  and  other 
activists  had  already  departed  Lesotho. 


159 


LESOTHO 

Section  3  Respect  for  Political  Rights:   The  Right  of  Citizens 
to  Change  Their  Government 

The  military  Government  which  assumed  power  in  January  1986 
announced  that  it  intends  to  remain  in  place  until  the  process 
of  national  reconciliation  has  been  effected.   No  terminal 
date  for  this  process  has  been  announced,  nor  has  any  tentative 
schedule  been  set  for  return  to  civilian  rule,  elections,  or 
constitutional  revision.   Thus,  the  Basotho  people  currently 
do  not  have  the  freedom  to  replace  the  existing  Gcverrxm,ent , 
but,  after  16  years  of  authoritarian  rule  by  the  Jonathan 
regime,  the  initial  popular  reception  of  the  new  Government 
was  generally  positive,  especially  its  goal  of  national 
reconciliation. 

The  Government  initiated  one  political  institution-building 
step  in  1986  that  may  ultimately  lead  to  a  tiered  system  of 
indirectly  elected  representative  organs.   At  the  end  of  the 
year,  each  village  in  Lesotho  was  in  the  process  of 
establishing  a  Village  Development  Committee,  with  members  of 
the  Committee  initially  selected  by  village  consensus.   The 
objectives  of  these  Village  Committees  were  not  clear  but 
seemed  aimed  at  determining  the  line  of  economic  development 
the  village  should  pursue,  seeking  funds  for  individual 
development  projects,  and  then  implementing  them.   The 
Government  also  began  preliminary  planning  for  regional  and 
ward  development  committees  as  the  next  steps  in  developing 
political  bridges  between  the  villages  of  the  country  and  the 
national  Government.   King  Moshoeshoe,  in  a  speech  to  the 
nation  December  24,  called  the  committees  "town  councils"  and 
said  he  viewed  them  as  "the  beginning  of  a  road  to  a  national 
assembly  of  the  future." 

Section  4   Governmental  Attitude  Regarding  International  and 

Nongovernmental  Investigation  of  Alleged  Violations 
of  Human  Rights 

The  human  rights  situation  in  1986  has  drawn  no  known  interest 
on  the  part  of  international  human  rights  organizations.   There 
is  no  reason  to  believe  that  the  new  Government  would  be 
unwilling  to  discuss  human  rights  issues  with  outside 
organizations . 

In  past  years,  representatives  of  Amnesty  International  have 
visited  Lesotho  to  investigate  human  rights  conditions  and 
have  been  provided  access  to  some  security  detainees  who 
complained  of  abusive  treatment.   In  general,  the  Jonathan 
Government  attributed  alleged  human  rights  violations  to  an 
excess  of  zeal  or  indiscipline  by  low-level  police  or  military 
officials,  stated  that  such  violations  were  not  sanctioned  by 
Government  policy,  and  pointed  to  the  judicial  remedies 
available  in  the  courts. 

Section  5  Discrimination  Based  on  Race,  Sex,  Religion, 
Language,  or  Social  Status 

The  Basotho  nation  is  one  of  the  rare  national  entities  on  the 
African  continent  without  a  minority  problem.   All  citizens 
are  basically  of  Basotho  stock  or  have  married  into  the  Basotho 
tribal  grouping.   The  expatriate  communities  are  small  and  not 
considered  to  be  a  major  factor  in  the  country's  political 
life.   Exiles  from  South  Africa  have  from  tim.e  to  time 
encountered  some  discrimination,  since  these  exiles  are  often 
viewed  as  magnets  for  real  or  fancied  South  African  political 
or  armed  intervention. 


160 


LESOTHO 

All  Basotho  have  fairly  equal  opportunities,  although  in  the 
areas  of  property  and  contracts  married  women's  rights  are 
limited  by  law  and  custom.   For  example,  a  married  woman 
cannot  apply  for  a  loan  without  her  husband's  written  consent. 
Women  in  Lesotho  have  traditionally  been  the  stabilizing  force 
in  the  home  and  in  the  agricultural  sector,  given  the  absence 
of  over  100,000  Basotho  men  who  work  in  South  Africa.   There 
are  more  female  than  male  children  who  complete  primary  and 
secondary  schools.   Better  use  of  women's  talents  and  abilities 
will  depend  on  their  access  to  credit,  changes  in  land  tenure 
laws,  and  cultural  practices.   The  new  Government  has  not  yet 
addressed  the  issue  of  women's  rights. 

CONDITIONS  OF  LABOR 

Roughly,  90  percent  of  the  labor  force  in  Lesotho  is  employed 
in  traditional  agriculture.   The  prospect  of  better  paying 
jobs  has  attracted  more  than  half  of  Lesotho's  male  labor 
force  to  the  Republic  of  South  Africa.   Most  of  the  migrant 
laborers  work  in  South  Africa's  gold  and  coal  mines. 

Lesotho's  Employment  Act  of  1967  spells  out  basic  workers' 
rights,  including  a  45-hour  workweek,  a  weekly  rest  period  of 
at  least  24  hours,  12  days'  paid  leave  per  year,  and  pay  for 
public  holidays.   Employers  are  required  to  provide  adequate 
light,  ventilation,  and  sanitary  facilities  for  employees  and 
to  install  and  maintain  machinery  to  minimize  the  risk  of 
injury.   Children  under  14  years  of  age  are  prohibited  from 
employment  in  other  than  family  businesses.   Children  under  16 
are  not  allowed  to  work  in  excess  of  8  hours  a  day,  and 
employers  are  prohibited  from  employing  any  child  in  hazardous 
conditions.   The  Government  sets  minimum  wages  for  various 
types  of  work.   In  practice,  these  regulations  are  generally 
followed  within  the  wage-scale  economy. 


161 


U. S.0VERSE4S 


•LOANS  aNO  GRANTS-  OBLIGATIONS  AND  LOAN  AUTHORIZATIONS 
(U.S. FISCAL  YEARS  -  MILLIONS  OF  DOLLARS) 


COJNTRY:  LESOTHO 


1984 


1985 


1986 


I.cCON.  ASSIST. -TOTAL.., 

LOANS 

GRANTS 

A. AID  

LOANS , 

GRANTS 

(SEC. SUPP. ASSIST.)  ... 

B.FOOO  FOR  PEACE 

LOANS 

GRANTS 

TITLE  I-TOTAL 

REPAY.     lU    t-LOANS 

PAY.     IN    FOR.     CURR 

TITLE  II-TOTAL 

E. RELIEF. EC.OEV  %  WFP, 

VOL. RELIEF  AGENCY 

C. OTHER  ECON.  ASSIST... 

LOANS 

GRANTS 

PEACE  CORPS 

NARCOTICS 

OTHER 


II.MIL.  ASSIST. -TOTAL, 

LOANS , 

GRANTS , 

A. MAP  GRANTS , 

B. CREDIT  FINANCING., 
C.INTL  MIL. ED. TRNG. , 
D.TRAN-EXCESS  STOCK, 
E. OTHER  GRANTS , 


III. TOTAL  ECON.  i  MIL. 

LOANS 

GRANTS 


22.2 

20.2 

11.5 

0.3 

0.0 

0.0 

22.2 

20.2 

11.5 

10.0 

10.8 

10.0 

0.0 

0.0 

0.0 

10. a 

1D.8 

10.0 

0.0 

0.0 

0.0 

10.7 

8.0 

0.0 

0.0 

3.0 

0.0 

10.7 

8.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

10.7 

3.0 

0.0 

4.6 

2.7 

0.0 

S.I 

5.3 

0.0 

1.5 

1.4 

1.5 

0.0 

0.0 

0.0 

1.5 

1.4 

1.5 

1.5 

1.4 

1.5 

0.0 

0.0 

0.0 

O.D 

3.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

3.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

3.0 

0.0 

0.0 

0.0 

3.0 

22.2 

20.2 

11.5 

0.0 

0.0 

0.0 

22.2 

20.2 

11.5 

OTHER  US  LOANS.  .., 
EX-IM  BANK  LOANS, 
ALL  OTHER 


0.0 
0.3 
0.0 


0.0 

0.0 
3.0 


0.0 
0.0 
3.0 


ASSISTANCE    FROM    INTERNATIONAL     AGENCIES 
1934  1935  1986 


1946-86 


TOTAL 

32.7 

51.2 

0.0 

233.7 

IBRD 

0.0 

0.0 

43.0 

0.0 

if: 

0.0 

0.0 

0.0 

0.3 

IDA 

15.2 

13.5 

0.0 

98.9 

103 

0.0 

0.0 

0.0 

a.o 

A03 

0.0 

0.0 

0.0 

0.0 

afdb 

16.6 

36.1 

0.0 

105.3 

UNDP 

0.9 

1.6 

0.0 

25.9 

OTHER-UN 

0.0 

0.0 

0.0 

3.3 

E=: 

0.0 

o:o 

0.0 

0.0 

162 


LIBERIA 


Liberia  is  in  a  transition  from  military  to  civilian  rule. 
Legally,  the  process  is  nearly  complete.   The  Second  Republic 
of  Liberia  came  into  being  on  January  6,  when  the  new 
Constitution  became  effective.   Samuel  K.  Doe,  previously  head 
of  the  military  government  which  came  to  power  in  a  1980  coup, 
remains  in  the  executive  mansion  as  President  and  head  of  the 
National  Democratic  Party  of  Liberia  (NDPL),  the  ruling 
political  party.   The  legislature,  consisting  of  a  House  and 
Senate  along  American  lines,  and  the  Supreme  Court  and  lower 
courts  are  in  place  and  functioning.   Elections  to  complete 
the  civilianization  process  in  municipal  and  county  offices 
took  place  in  late  1986  and  were  scheduled  to  continue  in 
early  1987. 

Politically,  however,  Liberia  has  not  overcome  the  controversy 
and  uncertainty  caused  by  events  which  occurred  during  the 
transition.   The  1980  coup  and  the  interim  5  years  of  military 
rule  also  have  witnessed  an  unprecedented  degree  of  political 
violence.   This  violence  included  public  executions  of  former 
government  officials,  widespread  political  thuggery,  and  an 
aborted  coup  attempt  by  exile  dissidents  in  1985.   While 
Liberia  is  no  longer  ruled  by  a  military  government,  the  army, 
whose  enlisted  members  are  generally  poorly  educated  and 
inclined  toward  petty  extortion,  continues  to  provide  the  major 
support  for  the  current  administration.   There  is  also  a  new 
element  of  tribalism,  with  President  Doe's  small  Krahn  tribe 
dominating  a  new  elite  in  somewhat  the  same  way  the  Americo- 
Liberians  he  and  his  enlisted  colleagues  overthrew  in  1980 
dominated  Liberia  for  140  years.   Domestic  tension  heightened 
in  late  1985,  when  October  elections — in  which  Doe's  NDPL ' s 
claim  of  a  narrow  victory  was  widely  believed  to  have  been 
fabricated — were  followed  a  month  later  by  a  coup  attempt 
launched  from  neighboring  Sierra  Leone  by  exile  dissidents. 
The  bloody  coup  attempt,  followed  by  harsh  government 
reprisals,  reintroduced  political  violence  on  a  scale  similar 
to  the  1980  coup  and  left  bitter  memories  on  all  sides  to  be 
overcome . 

Suspicions  remain  on  both  sides.   Intimidation  has  not  been 
eliminated,  sometimes  occurring  by  unruly  government 
followers,  and  Liber ians  have  valid  reason  to  be  concerned 
about  the  prospect  of  undisciplined  military  forces  and 
coercive  political  measures.   During  most  of  1986,  government 
restrictions  fell  heavily  on  opposition  parties,  particularly 
in  the  aftermath  of  the  abortive  November  1985  coup. 
Opposition  meetings  were  prohibited  or  broken  up,  and  the 
supporters  harassed.   Their  efforts  to  form  a  "grand  coalition" 
of  opposition  parties  were  blocked  by  the  Government's 
contention  that  such  a  coalition  was  patently  illegal,  and 
their  leaders  consequently  faced  contempt  proceedings  which 
resulted  in  a  judge  incarcerating  three  of  them  in  Liberia's 
maximum  security  prison. 

Liberia's  mixed  economy  suffered  a  significant  decline  in  1986, 
with  foreign  exchange  shortages  and  continued  government 
mismanagement  accelerating  an  economic  decline.   The  lack  of 
government  fiscal  discipline  and  serious  mismanagement  are  the 
most  important  factors  in  the  current  economic  difficulties, 
exacerbated  by  large  foreign  debts,  weak  export  markets,  and 
widespread  misuse  of  government  funds.   The  Government  has 
conducted  a  fairly  comprehensive  analysis  of  the  problem  and 
formulated  an  economic  recovery  program,  but  its  implementation 
is  seriously  flawed. 


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During  1986  Liberian  society  struggled  to  recover  from  the 
events  of  late  1985,  and,  by  the  end  of  the  year,  political 
conditions  had  improved  substantially.   There  were  efforts  at 
national  reconciliation  negotiations  between  the  Government 
and  opposition  leaders,  all  political  prisoners  were  released, 
no  newspapers  were  banned  (although  three  different  papers 
were  the  target  of  various  government  actions  and  there  is 
considerable  self-censorship),  the  legislature  was  beginning 
to  assert  its  constitutional  prerogatives,  and  travel  rights 
had  been  restored  to  former  detainees.   While  the  December 
legislative  byelections  and  municipal  elections  appeared  fair, 
the  only  opposition  party  participating  in  those  elections 
withdrew  3  days  before  the  voting.   Administrative 
arrangements  were  faulty,  but  there  were  no  serious 
allegations  of  organized  or  widespread  fraud.   There  was  no 
evidence  of  politically  motivated  killings  or  disappearances 
during  1986,  and  the  extent  of  political  violence  and 
intimidation  decreased  steadily. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1   Respect  for  the  Integrity  of  the  Person,  Including 
Freedom  from: 

a.  Political  Killing 

There  were  substantial  numbers  of  killings  during  1985,  some 
connected  with  the  attempted  November  1985  coup  and  many  more 
with  subsequent  reprisals.   Reports  of  these  violent  reprisals 
in  late  1985  continued  to  emerge  during  early  1986.   There  was, 
however,  no  evidence  of  political  killings  occurring  during 
1986. 

b.  Disappearance 

As  was  the  case  with  political  killings,  reports  of 
disappearances  associated  with  the  1985  coup  attempt 
occasionally  surfaced  later.   There  was  no  evidence  of  official 
complicity  in  disappearances  during  1986. 

c.  Torture  and  Cruel,  Inhuman,  or  Degrading  Treatment  or 
Punishment 

The  new  Constitution,  implemented  on  January  6,  1986,  states 
that  no  person  charged,  detained,  or  otherwise  held  in 
confinement  shall  be  subject  to  torture  or  inhuman  treatment. 
Beating  and  abuse  of  prisoners — both  criminal  and  political — is 
fairly  common.   While  there  is  no  evidence  that  these  beatings 
have  official  sanction,  there  have  been  no  evident  government 
efforts  to  halt  them.   There  have  been  instances  of  government 
soldiers  abusing  opposition  party  officials.   Two  members  of 
an  opposition  political  party  were  beaten  severely  by  executive 
mansion  bodyguards  prior  to  a  planned  political  rally.   After 
they  were  released  from  the  hospital,  they  were  brought  to 
court  to  answer  charges  of  holding  a  rally  without  a  permit. 
In  another  case,  soldiers  took  two  opposition  party  officials 
to  a  military  barracks  where  they  said  they  were  tortured  and 
beaten.   The  officials  said  the  soldiers  tried  to  force  them 
to  make  statements  against  the  leadership  of  their  party, 
which  they  refused  to  do.   They  were  released  and  hospitalized. 
Soldiers  have  also  been  involved  in  beatings  and  abuse  of 
nonpolitical  civilians.   Soldiers  reportedly  flogged  eight  high 
school  students  for  allegedly  stealing  $1,000. 


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Prison  conditions  are  bad.   Cells  are  often  small,  over- 
crowded, and  without  windows  or  ventilation.   Food,  exercise 
opportunities,  and  sanitation  facilities  are  usually 
inadequate.   An  opposition  leader  complained  that  she  and 
other  prisoners  in  her  group  were  not  fed  the  first  3  days  of 
their  incarceration,  probably  due  to  inept  prison  management. 
Allegations  of  abuse  and  degrading  treatment  within  the  prison 
system  are  widespread.   The  maximum  security  prison  at  Belle 
Yella  is  notorious  for  its  harsh  regimen,  including  hard  labor 
and  especially  poor  living  conditions. 

d.  Arbitrary  Arrest,  Detention,  or  Exile 

The  Constitution  guarantees  due  process  of  law.   Though  police 
must  have  a  warrant  for  arrests  and  persons  must  be  charged  or 
released  within  48  hours,  in  practice  these  constitutional 
guarantees  in  1986  were  often  ignored  in  political  cases. 
Persons  have  the  right  to  legal  counsel  and  to  bail  in 
noncapital  offenses.   Where  the  accused  is  unable  to  secure 
his  or  her  own  lawyer,  the  court  is  required  to  provide  legal 
services.   There  was  only  one  case  in  1986  which  involved  a 
court-appointed  attorney.   Monrovia  has  an  abundance  of 
attorneys  who  regularly  handle  civil  and  criminal  cases,  often 
without  payment. 

As  many  as  several  hundred  persons,  detained  in  the  aftermath 
of  the  November  12,  1985,  coup  attempt,  were  detained  without 
charge  or  any  judicial  review  of  their  detention  for  several 
months  into  1986.   All  were  released  in  June.   One  prominent 
opposition  party  leader,  arrested  shortly  after  the  attempted 
coup  in  November  1985,  still  had  not  been  brought  to  trial 
6  months  later.   There  were  allegations  that  the  grand  jury 
wanted  to  dismiss  the  case  for  lack  of  evidence,  and  an 
indictment  was  brought  in  her  case  only  after  some  members  of 
the  grand  jury  were  arbitrarily  replaced.   When  finally 
indicted  in  April,  the  indictment  itself  did  not  conform  to 
minimum  international  legal  standards  since  the  charges 
included  such  acts  as  "overtly  embracing"  an  alleged  coup 
plotter.   The  preliminary  trial  proceedings  were  under  way  on 
June  6  when  President  Doe  announced  a  general  amnesty  for  all 
those  involved  in  the  November  12,  1985,  coup  attempt.   In 
another  case,  an  opposition  leader,  arrested  and  charged  with 
sedition,  was  denied  access  to  counsel  for  4  days.   Six 
members  of  the  Liberian  Border  Police  were  held  for  nearly  7 
months  in  detention  before  they  were  formally  charged  with 
treason.   They  were  also  released  in  the  June  6  amnesty. 

Some  miscarriages  of  justice  appear  due  more  to  administrative 
slip-ups  than  to  malice.   For  example,  the  Monrovia  city  court 
released  several  detainees,  held  for  2  to  3  months,  from  the 
central  prison  because  no  writs  of  arrest  could  be  found,  and 
there  was  insufficient  evidence  for  their  conviction. 

The  Constitution  prohibits  forced  labor,  and  the  practice  is 
firmly  condemned  by  the  Government. 

e.  Denial  of  Fair  Public  Trial 

Liberia's  civilian  court  system  is  based  on  Anglo-American 
jurisprudence.   The  Constitution  guarantees  fair  public  trials 
and  states  that  there  shall  be  no  interference  with  the 
lawyer-client  relationship.   There  are  constitutional 
guarantees  for  lawyers  against  government  sanctions  or 
interference  in  the  performance  of  legal  services.  Three 
lawyers,  active  in  human  rights  and  political  cases,  were 


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suspended  from  practice  by  the  Supreme  Court,  one  for  2  years 
and  the  other  two  for  1  year  each.   They  were  suspended  as  a 
result  of  what  the  court  called  "unethical  and  unprofessional 
zeal"  in  defense  of  opposition  politicians  in  the  "grand 
coalition"  case.   The  legal  system  is  often  subject  to 
manipulation  by  the  Government,  but  the  opposition  employs 
technicalities  to  its  own  advantage  as  well.   Reports  of 
financial  or  political  pressure  on  lower  courts  are  not 
uncommon,  but  there  is  generally  greater  respect  for  Supreme 
Court  rulings. 

In  one  of  the  most  prominent  cases  of  the  year,  the  Supreme 
Court  charged  four  opposition  leaders  with  contempt  and  ordered 
each  to  pay  a  fine  of  $1,000  or  go  to  jail.   This  was  based  on 
a  June  23  press  statement  in  whi^..  the  opposition  parties 
referred  to  themselves  officially  as  a  "grand  coalition"  in 
violation  of  an  earlier  ruling  declaring  the  "grand  coalition" 
an  illegal  entity  since  it  had  not  undergone  the  proper 
registration  procedures.   One  of  the  opposition  leaders  paid 
the  fine  and  was  released,  three  others  refused  and  were  taken 
to  the  Monrovia  central  prison.   They  were  subsequently 
transferred  to  Belle  Yella,  a  maximum  security  prison  in  Lofa 
County,  for  what  the  Government  said  were  security  reasons, 
but  the  transfer  was  contrary  to  the  writ  of  arrest  and 
constitutional  guarantees  against  detainees  being  incarcerated 
among  convicted  prisoners. 

The  wives  of  the  three  jailed  opposition  leaders  submitted  a 
writ  of  habeas  corpus  to  a  Monrovia  court  to  challenge  the 
legality  of  their  husbands'  detention.   The  judge  denied  the 
writ  on  the  grounds  that  he  had  no  authority  in  Supreme  Court 
cases.   Their  fines  were  later  paid,  and  they  were  released. 

There  are  credible  reports  that  the  Government  pressures 
judges  in  political  cases.   The  presiding  judge  in  the 
well-publicized  treason  trial  of  alleged  coup  participants  was 
accused  of  bias  for  his  handling  of  the  case.   There  were 
credible  reports  that  partisans  from  both  the  prosecution  and 
the  defense  attempted  to  bribe  the  jury.   Reportedly,  the  judge 
attempted  to  intimidate  the  jury  when  it  failed  to  render  a 
guilty  verdict.   Court  proceedings  came  to  a  standstill  when 
the  judge  left  the  city  after  reading  the  verdict  privately 
and  did  not  return  until  ordered  to  do  so  by  his  superiors. 
He  ordered  a  retrial,  but  the  defendants  were  released  on 
June  6  under  the  general  amnesty  before  the  case  could  be 
retried.  The  Liberian  National  Bar  Association  submitted  a 
petition  calling  for  the  judge's  impeachment  as  a  result  of 
his  actions  during  the  trial. 

Traditional  courts,  presided  over  by  tribal  chiefs,  are  not 
bound  by  common  law  or  conventional  judicial  principles  but 
apply  customary  and  unwritten  law  to  domestic  and  land 
disputes  as  well  as  petty  crimes.   These  decisions  may  be 
reviewed  in  the  statutory  court  system  or  appealed  to  a 
hierarchy  of  chiefs;  administrative  review  by  the  Internal 
Affairs  Ministry  and,  in  some  cases,  a  final  review  by  the 
Head  of  State  may  follow.   Allegations  of  corruption  and 
incompetence  in  the  traditional  courts  are  common. 

There  are  currently  no  known  political  prisoners  in  Liberia. 
In  addition  to  the  June  6  general  amnesty.  President  Doe  in 
September  granted  clemency  to  two  military  officers  detained 
because  of  alleged  involvement  in  an  April  1985  assassination 
attempt . 


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f .   Arbitrary  Interference  with  Privacy,  Family,  Home,  or 
Correspondence 

The  Constitution  guarantees  the  rights  of  individuals  against 
interference  with  privacy  of  person,  family,  home,  or 
correspondence  except  by  court  order . 

For  the  most  part,  Liberians  are  free  of  invasion  of  privacy 
or  state  interference  in  their  lives.   However,  despite 
significant  improvement  since  the  immediate  post-1980  coup 
period,  military  indiscipline  remains  a  problem  reflecting  a 
general  lack  of  professionalism  in  the  armed  forces.   This 
surfaces  in  random  instances  of  harassment  of  the  civilian 
population,  such  as  vehicle  searches,  shakedowns,  or  arbitrary 
interrogations.   In  some  instances,  persons  are  compelled  to 
undergo  further  questioning  at  police  or  military  headquarters. 
Members  of  the  opposition  complain  frequently  about 
surveillance  by  government  security  officials.   At  one  point 
in  1986,  several  opposition  leaders  avoided  sleeping  in  their 
own  homes,  but  this  is  no  longer  the  case.   In  at  least  one 
case,  government  agents  maintained  conspicuous  surveillance  of 
one  opposition  personality  and  subjected  her  and  her  family  to 
blatant  harassment,  including  threats  of  physical  harm. 
Opposition  members  often  complain  that  their  telephone  calls 
are  monitored. 

Thefts  from  the  local  mail  have  been  reported,  and  there  have 
been  instances  of  tampering  with  international  mail.   There  is 
no  evidence  that  this  is  officially  sanctioned. 

Section  2   Respect  for  Civil  Liberties,  Including: 

a.   Freedom  of  Speech  and  Press 

The  right  to  freedom  of  expression  is  guaranteed  by  the 
Constitution  and  includes  freedom  of  speech  and  of  the  press. 
The  Constitution  also  stipulates  that  persons  are  held  "fully 
responsible  for  the  abuse  thereof."   Decree  88a,  passed  by  the 
military  Government  in  1984,  declares  the  spread  of  "rumors, 
lies,  and  disinformation"  a  felony.   During  its  1986  session, 
the  Senate  voted  to  repeal  Decree  88a,  but  the  House  of 
Representatives  did  not,  and  it  remains  in  force. 

There  were  five  daily  newspapers  being  published  in  Monrovia  at 
the  end  of  1986,  only  one  of  which  is  government  controlled. 
Among  the  independent  papers,  there  is  considerable  open 
sympathy  toward  opposition  viewpoints. 

At  the  opening  of  the  rural  radio  system.  President  Doe  issued 
a  warning  to  journalists,  stating  that  "any  journalist  caught 
disrupting  the  peace  and  stability  of  the  nation  will  be  dealt 
with  under  the  law  and  will  be  barred  from  practicing 
journalism."   In  August  the  Information  Minister  asserted  that 
some  journalists  were  in  the  pay  of  the  opposition  and  that 
those  who  abused  their  constitutional  guarantees  would  be 
subject  to  the  penalties  of  the  law.   He  also  warned  foreign 
journalists  that  anyone  provoking  disunity  would  be  deported. 

Such  warnings  and  administratively  imposed  fines  resulted  in  a 
certain  degree  of  self-censorship.   In  April  one  independent 
daily  newspaper  was  fined  $200  by  a  senate  committee  for 
failure  to  credit  the  official  news  agency  with  a  certain 
statement  about  a  student  demonstration.   In  August  the 
Ministry  of  Information  fined  another  daily  newspaper  $1,000 
for  incorrectly  reporting  the  death  of  an  imprisoned  opposition 


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leader.   The  newspaper  refused  to  pay  the  fine,  and  the 
newspaper's  stance  was  sustained  by  the  courts.   The  following 
month,  the  Sun  Times  newspaper  was  fined  $3,000  for  reprinting 
a  resolution  passed  in  July  by  a  Liberian  opposition  group  in 
the  United  States  which  was  highly  critical  of  President  Doe's 
Government  and  called  for  imposition  of  economic  sanctions 
against  Liberia  until  he  was  overthrown.   The  newspaper's 
license  was  revoked  when  it  did  not  pay  the  fine  within  the 
prescribed  period.   The  newspaper  must  pay  the  fine  and 
reregister  before  it  can  resume  publication. 

The  independent  Daily  Observer,  which  had  been  banned  in  early 
1985,  reopened  in  August  1986.   A  mysterious  fire  in  March  in 
its  publisher's  office  prevented  the  paper  from  resuming 
publication  earlier.   The  publisher  also  received  threats  from 
government  officials.   The  editor  of  another  independent 
newspaper.  Footprints,  cited  financial  problems  and  a 
government  threat  as  reasons  for  his  decision  to  cease 
publication.   In  March  President  Doe  lifted  the  ban  on  the 
Press  Union  of  Liberia.   Practicing  journalists  are  required 
to  be  accredited  by  the  Minister  of  Information,  but 
procedures  procedures  are  lax  and  there  are  journalists, 
including  foreigners,  without  up-to-date  accreditation. 

The  authority  for  government  sanctions  against  independent 
newspapers  is  based  on  Decree  46,  which  established  the 
Ministry  of  Information  and  gave  it  supervisory  power  over  the 
media.   The  spirit  of  Decree  46  appears  to  contradict  the 
guarantee  of  a  free  press  contained  in  the  Constitution 
enacted  January  6.   However,  the  Supreme  Court  has  not  been 
asked  to  rule  on  the  matter. 

There  is  no  general  prohibition  against  receiving  foreign 
publications,  but  the  Government  occasionally  bans  a 
particular  issue  of  a  foreign  periodical.   The  magazine  West 
Africa,  which  published  articles  critical  of  President  Doe,  is 
still  banned  in  Liberia. 

The  government-controlled  Liberian  Broadcast  System  runs  one 
radio  and  one  television  station  which  give  priority  to 
government  news.   The  Government's  rural  communication  network 
offers  a  combination  of  entertainment  and  development 
information  to  otherwise  isolated  areas.   Two  religiously 
affiliated,  independent  radio  stations  are  in  operation  and 
report  critically  on  local  events,  though  their  news  programs 
have  also  been  subjected  to  government  scrutiny. 

b.   Freedom  of  Peaceful  Assembly  and  Association 

The  right  to  peaceful  assembly  and  association  is  guaranteed 
in  the  Constitution.   A  1975  law  requires  permits  for  public 
marches  and  demonstrations.   Government  auditoriums  and 
schools  are  theoretically  open  for  use  by  all  parties. 
However,  there  are  frequent  opposition  complaints  of  unfair 
treatment  in  practice.   Permits  for  rallies  and  marches  are 
only  selectively  granted.   When  opposition  meetings  do  take 
place,  participants  have  been  subjected  to  intimidation  and 
harassment.   Joint  rallies  and  even  organizational  meetings  of 
the  collective  opposition  are  not  allowed.   An  opposition 
rally  scheduled  for  March  21  was  stopped  by  a  writ  of 
prohibition  issued  by  the  Supreme  Court.   The  Supreme  Court 
ruled  that  the  rally  was  illegal  because,  among  other  reasons, 
the  group  had  not  requested  permission  from  the  Ministry  of 
Justice  in  accordance  with  the  1975  law.   In  April  another 
rally  in  Monrovia  ended  in  violence.   The  leaders  of  the 


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opposition  party  and  37  supporters  were  arrested  and  charged 
with  not  having  a  permit  for  the  rally.   The  charges  were 
subsequently  dropped. 

In  early  August,  three  opposition  parties  wrote  separate 
letters  to  the  Justice  Ministry  requesting  permission  for  a 
march  on  August  18.   The  Justice  Minister  warned  that  the 
march  was  illegal  on  the  grounds  that  the  Supreme  Court  had 
ruled  that  the  three  parties  operating  as  one  entity 
constituted  an  illegal  association.   At  the  same  time,  an 
organization  of  "concerned  women"  publicized  plans  for  a 
similar  march  on  the  same  day  to  deliver  a  petition  of 
grievances  to  the  Justice  Ministry  and  then  an  identical 
petition  to  the  American  Embassy.   After  warnings  from  the 
Justice  Ministry  that  such  marches  were  illegal  and 
inflammatory,  the  women  held  a  prayer  service  attended  by  the 
"concerned  women,"  as  well  as  other  opposition  party  members. 
After  the  service,  some  demonstrators  began  walking  toward  the 
Ministry,  and  the  police  used  tear  gas  to  disperse  the  crowds. 
Three  people — two  "concerned  women"  and  one  journalist — were 
briefly  arrested. 

The  ruling  NDPL  party  maintains  a  "task  force,"  composed  of 
several  hundred  young  men,  mostly  unemployed,  which  opposition 
parties  claim  exists  for  the  sole  purpose  of  harassing  and 
intimidating  political  opponents.   Confrontations  between 
party  zealots — e.g.,  the  ruling  party's  task  force  and 
opposition  bodyguards  and  some  members — were  frequent, 
particularly  early  in  1986.   The  task  force  disrupted  an 
opposition  rally  outside  Monrovia,  beating  participants.   The 
Government  says  it  does  not  authorize  such  activities,  and 
33  task  force  members  were  arrested.   In  August  other  incidents 
against  opposition  leaders  led  to  the  arrest  of  12  task  force 
suspects.   Early  in  January  1987  a  number  of  task  force  leaders 
were  detained  on  misdemeanor  writs  issued  by  the  Ministry  of 
Justice  in  connection  with  threats  against  government  officals. 

There  is  no  formal  policy  within  the  Government  or  business 
community  requiring  membership  in  the  ruling  NDPL.   However, 
many  Liber ians  believe  that  a  prospective  employee's  chances 
are  substantially  improved  if  he  is  an  NDPL  member.   Continuing 
to  hold  a  government  position  is  also  allegedly  easier  if  one 
is  an  NDPL  member.   Most  senior  officials  of  the  major 
opposition  parties  who  had  been  employed  by  the  Government  or 
state-owned  organizations  lost  those  jobs. 

In  1986  the  House  of  Representatives  voted  to  repeal  the  1981 
Decree  2a,  which  bans  student  political  activity  on  campuses. 
Although  the  Senate  has  not  yet  acted,  and  Decree  2a 
technically  remains  in  effect,  the  students  have  been  involved 
in  political  activities  on  campus  without  restrictions  and  with 
the  approval  of  the  universities  and  the  Government.   Student 
elections  were  held  without  incident  at  Cuttington  University 
in  June  and  at  the  University  of  Liberia  in  October. 

Workers  have  the  right  to  form  unions,  organize,  and  bargain 
collectively.   Liberia  has  a  national  trade  union 
confederation,  the  Liberian  Federation  of  Labor  Unions  (LFLU), 
as  well  as  several  independent  unions.   Organized  labor 
represents  only  20  percent  of  the  workers  in  the  monetary 
sector  of  the  economy.   Approximately  70  percent  of  all 
workers  are  engaged  in  subsistence  agriculture  and  are  not 
affected  by  the  union  movement.   Union  organizing,  collective 
bargaining,  and  the  internal  operations  of  trade  unions  are 
largely  free  from  government  interference.   Decree  12  of  the 


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military  Government  outlawing  strikes  is  still  operative  in 
Liberia,  but  brief  strikes  have  occurred  despite  this  ban.   In 
two  strike  actions  this  year,  the  workers  returned  to  work 
after  the  Supreme  Court  issued  an  injunction  against  the 
strike.   Underlying  the  strike  actions  was  the  issue  of  union 
recognition.   In  one  case,  the  newly  created  labor  court  ruled 
for  management  against  the  workers,  who  had  struck  to  protest 
management's  refusal  to  recognize  their  union  since  they  work 
for  state-owned  corporations.   The  labor  court  ruled  that  the 
strike  would  have  led  to  chaos  and  would  have  robbed  the 
Government  of  much  needed  revenue.   The  other  strike  action  is 
currently  awaiting  a  Supreme  Court  ruling  and  concerns  a  union 
still  in  the  process  of  accreditation. 

The  LFLU  is  a  member  of  the  Brussels-based  International 
Confederation  of  Free  Trade  Unions,  as  well  as  the  continent- 
wide  Organization  of  African  Trade  Union  Unity.   In  1985  the 
Liberian  Government  was  cited  by  the  International  Labor 
Organization  (ILO)  for  violations  of  ILO  Convention  87, 
regarding  freedom  of  association,  because  Liberian  legislation 
does  not  recognize  the  right  of  Liberians  in  the  public 
service  or  in  government  enterprises  to  unionize  or  the  right 
to  strike.   The  Liberian  Government,  the  unions,  and  employers 
have  jointly  drafted  a  new  labor  code  which  eliminates  the 
objectionable  legislation  cited  by  the  ILO,  but  the  new  labor 
code  has  not  yet  been  passed  by  the  Senate.   An  ILO 
representative  visited  Liberia  in  1986  to  promote  the  labor 
code  and  encourage  its  passage. 

c.  Freedom  of  Religion 

The  Constitution  states  that  freedom  of  religion  is  a 
fundamental  right  of  all  Liberian  citizens.   No  religion  has 
preference  over  any  other,  and  there  is  no  established  state 
religion.   Christianity,  brought  by  19th  century  settlers  and 
spread  through  the  interior  by  missionaries,  has  long  been  the 
religion  of  the  political  and  economic  elite.   The  majority  of 
the  rural  population  continues  to  practice  local  religions. 
Approximately  20  percent  of  the  population  is  Muslim.   The 
Liberian  Council  of  Churches,  an  organization  comprised  of 
most  of  the  Christian  sects  in  Liberia,  has  earned  the  respect 
of  Liberian  society  and  played  a  major  role  in  the  ongoing 
reconciliation  efforts  between  the  Government  and  the 
opposition  parties  held  in  mid-1986.   During  1986  reports 
surfaced  of  conflict  between  several  Christian  communities  and 
the  traditional  and  secret  male  initiation  society,  Poro, 
resulting  in  beatings  of  church  members  and  damage  to  church 
properties.   The  dispute  revolved  around  Poro  assertions  that 
Christian  clergy  were  divulging  Poro  secrets  in  their  campaign 
to  win  converts.   The  Government  sent  officials  to  investigate 
and  subsecjuently  convoked  tribal  leaders  to  Monrovia,  but  thus 
far  it  has  been  unsuccessful  in  eliminating  the  problem. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign 
Travel,  Emigration,  and  Repatriation 

The  Constitution  guarantees  every  person  the  right  to  move 
freely  throughout  Liberia  and  to  leave  and  enter  Liberia  at 
any  time.   In  practice,  however,  both  domestic  movement  and 
foreign  travel  sometimes  are  restricted.   Police  and  military 
check  points  were  evident  within  Monrovia  and  throughout 
Liberia,  although  less  so  as  the  year  wore  on.   This  has  the 
effect  of  impeding  movement,  especially  after  dark,  when 
police  check  private  and  public  transportation.   It  is  common 


170 


LIBERIA 

for  individual  citizens  to  pay  bribes  at  the  checkpoints  to 
avoid  being  harassed. 

Exit  visas  are  required  for  departure  and  occasionally  are 
denied.   A  week  after  President  Doe  granted  executive  amnesty 
to  all  persons  accused  of  activities  related  to  the  November 
1985  coup  attempt,  the  Government  imposed  a  foreign  travel  ban 
on  them,  and  a  number  of  passports  were  confiscated.   The  ban 
was  lifted  in  late  December.   One  opposition  leader,  under  the 
restrictions  of  the  travel  ban  and  denied  an  exit  visa,  fled 
the  country.   Another  opposition  official,  after  having 
received  an  exit  visa,  had  her  passport  confiscated  at  the 
airport,  although  it  was  later  returned,  and  she  was  allowed 
to  leave.   In  midyear,  while  Monrovia  teachers  were  on  strike, 
the  president  of  the  teachers'  union  was  denied  an  exit  visa 
to  take  advantage  of  a  United  States  Information  Service 
international  visitor's  grant.   Opposition  party  figures  on 
occasion  have  been  prevented  from  leaving  Monrovia  to  travel 
in  the  interior. 

Refugees  are  not  generally  forced  to  return  to  the  countries 
from  which  they  have  fled. 

Section  3   Respect  for  Political  Rights:   The  Right  of  Citizens 
to  Change  Their  Government 

Political  power  remains  concentrated  in  the  hands  of  the 
President  and  ruling  party,  the  NDPL,  which  still  rely  to  a 
large  degree  on  the  military  for  control.   The  legislature  is 
dominated  by  the  NDPL,  and  although  the  Government,  if 
determined,  can  get  its  way,  consultations  take  place  and  the 
legislature  is  beginning  to  assert  itself.   Liber ians  have 
long  maintained  at  least  a  formal  com.mitment  to  democracy  and 
the  importance  of  law  in  society.   In  1985  multiparty  elections 
took  place,  and  legislative  byelections  and  municipal  elections 
were  held  in  late  1986.   The  1985  elections  were  marred  by 
significant  irregularities,  but  the  1986  elections  were 
apparently  open  and  fair.   Decree  88a,  the  courts,  the 
elections  commission,  and  the  police  have  been  employed  to 
constrain  opposition  parties  and  leaders.   Thus,  in  Liberia, 
despite  constitutional  guarantees  and  universal  suffrage, 
representative  democracy  has  not  yet  been  achieved. 

The  new  Constitution  of  the  Second  Republic  prohibits  the 
creation  of  a  one-party  state.   Free  and  fair  elections  by 
secret  ballot  are  guaranteed.   The  Constitution  provides  for 
an  elections  commission  to  monitor  all  political  activities  in 
the  country.   The  elections  law  empowers  the  commission  to 
certify  parties,  conduct  all  elections,  and  count  election 
ballots.   The  five  commission  members  are  appointed  by  the 
executive  for  life  and  currently  are  all  ex-NDPL  members. 
Representatives  of  the  opposition  argue,  therefore,  that  a 
prerequisite  for  fair  elections  is  the  creation  of  a  more 
independent  vote-counting  mechanism. 

The  opposition  accuses  the  elections  commission  of  abusing  its 
powers  under  the  Constitution  and  elections  law  to  limit  the 
effectiveness  of  the  opposition  parties.   They  cite  commission 
threats  to  revoke  the  registration  certificates  of  the  three 
opposition  parties  for  continuing  to  act  as  a  "grand  coalition" 
in  violation  of  the  Supreme  Court  ruling.   President  Doe  also 
has  publicly  and  arbitrarily  warned  the  opposition  leaders  not 
to  function  as  a  single  political  entity. 


171 


LIBERIA 

The  first  byelections  were  held  in  December.   Six  legislative 
seats  were  contested,  and  the  NDPL  won  all  six.   Three 
opposition  parties  refused  to  participate.   A  fourth  party, 
the  United  Peoples  Party  (UPP),  was  unbanned  in  October.   It 
had  proposed  candidates  in  the  by-elections  but  withdrew  3  days 
before  the  elections.   The  UPP ' s  complaints  about  election 
procedures  were  largely  met  a  week  before  polling  day. 
Independent  candidates  also  participated  and  were  elected,  but 
turnout  was  very  low  in  these  municipal  elections  and 
byelections . 

President  Doe  and  the  opposition  parties  (excluding  the  UPP) 
held  reconciliation  talks  under  the  auspices  of  the  Liberian 
Council  of  Churches  in  May  and  June.   The  talks  broke  down 
over  opposition  demands  for  new  general  elections. 
Reconciliation  efforts  under  private  auspices  started  again  in 
October.   The  Liberia  People's  Party  (LPP)  remains  technically 
banned.   However,  members  of  the  LPP  have  affiliated  themselves 
with  other  groups,  and  the  LPP  as  an  organization  has 
virtually  disappeared  from  the  local  scene. 

Section  4   Governmental  Attitude  Regarding  International  and 

Nongovernmental  Investigation  of  Alleged  Violations 
of  Human  Rights 

The  Government  met  with  an  official  from  the  International 
Committee  of  the  Red  Cross  (ICRC)  in  February  and  allowed  an 
ICRC  representative  to  meet  privately  with  all  political 
prisoners  in  February.   Foreign  observers,  including  the 
American  Bar  Association,  Amnesty  International,  The  Lawyers 
Committee  for  Human  Rights,  The  International  Human  Rights  Law 
Group,  and  The  Fund  for  Free  Expression  were  allowed  to  cover 
the  treason  trial  of  James  Holder,  Robert  Phillips,  and 
Anthony  Marguee. 

After  press  speculation  about  the  health  of  the  three 
opposition  leaders  held  temporarily  at  Belle  Yella,  the 
Government  permitted  representatives  of  the  independent  press 
and  a  film  crew  to  fly  to  the  prison  to  interview  the 
prisoners.   The  three  prisoners  appeared  healthy  and  talked 
freely. 

A  nonpartisan  group  of  Liberians  formed  a  human  rights 
organization  in  Monrovia  called  The  National  Alliance  for 
Peace  and  Human  Rights.   The  Government  did  not  cooperate  in 
its  request  for  formal  incorporation,  but  there  has  been  no 
attempt  to  prevent  it  from  meeting. 

Section  5   Discrimination  Based  on  Race,  Sex,  Religion, 
Language,  or  Social  Status 

The  Constitution  states  that  "only  persons  who  are  Negroes  or 
of  Negro  descent"  shall  qualify  by  birth  or  naturalization  to 
be  citizens  of  Liberia.   The  Constitution  also  states  that 
only  Liberian  citizens  can  own  land.   Otherwise,  there  is  no 
officially  sanctioned  discrimination  on  the  basis  of  race, 
sex,  religion,  language,  or  social  status. 

President  Doe's  small  Krahn  tribe  has  a  predominant  role  in 
the  new  elite  which  has  been  established  since  the  overthrow 
of  the  Amer ico-Liberians  in  1980.   Members  of  the  Krahn  tribe 
hold  a  disproportionate  number  of  posts  in  the  Government  and 
the  military. 


172 


LIBERIA 

The  status  of  women  varies  depending  on  the  region  of  the 
country.   In  urban  areas  and  along  the  seacoast,  women  can 
inherit  land  and  property.   In  rural  areas  where  traditional 
ties  are  strongest,  a  woman  is  normally  considered  the 
property  of  her  husband  and  his  clan  and  is  not  usually 
entitled  to  inherit  from  her  husband.   In  newly  urban  areas, 
many  women  are  subject  to  both  customary  and  statutory  legal 
systems.   Female  circumcision  is  widely  practiced  by  those 
Liberians  following  traditional  religions.   Women  in  Liberia 
have  held  ministerial  and  ambassadorial  positions  and  are 
represented  in  the  professions  throughout  the  modern  economy. 
Women  hold  two  cabinet  posts  and  several  national  judicial 
positions.   There  are  two  women  in  the  national  legislature, 
one  in  the  Senate  and  one  in  the  House.   The  Ambassador  to  the 
United  States  is  a  woman. 

co^roITIONs  of  labor 

Liberia's  labor  laws  provide  for  minimum  wages  and  health  and 
safety  standards.   The  workweek  is  normally  40  hours. 
Inspection  is  not  rigorous,  however.   Employees  are  prohibited 
from  employing  children  under  16  years  of  age  during  school 
hours.   This  is  a  difficult  statute  to  enforce,  especially 
since  many  children  are  engaged  in  subsistence  farming.   Any 
employee  can  file  a  grievance  with  a  labor  inspector.   A  labor 
court  was  created  in  1986  to  address  grievances  of  recognized 
labor  unions. 


173 


U.S-OVERSEAS 


■LOANS  AND  GRANTS-  OBLIGATIONS  AND  LOAN  AUTHORIZATIONS 
(U.S. FISCAL  YEARS  -  MILLIONS  OF  DOLLARS) 


COJNTRY:  LIBERIA 


1934 


1985 


1936 


I. ECON. 
LO 
GR 
A.  AIO 
LO 
GR 
(SEC 
B.FOOD 
LO 
GR 
TITLE 
REPAY 
PAY. 
TITLE 
E.REL 
VOL.R 
C.OTHE 
LO 
GR 


ASSIST. -TOT AL. 

ANS 

ANTS 


ANS 

ANTS 

.SUPP. ASSIST.)  ... 

FOR  PEACE 

ANS 

ANTS 

I-TOTAL 

.  I"J  S-LOANS 

IN  FOR.  CURR 

II-TOTAL 

lEF.cC.DEV  5  WFo. 

ELIEF  AGENCY 

R  ECON.  ASSIST... 

ANS 

ANTS 

PEACE  CORPS 

NARCOTICS 

OTHER 


II.MIL.  ASSIST. -TOTAL, 

LOANS 

GRANTS 

A. MAP  GRANTS , 

3. CREDIT  FINANCING.. 
:.INTL  MIL.ED.TRNG. . 
D.TRAN-EXCESS  STOCK. 
E. OTHER  GRANTS 

III. TOTAL  ECOM. 

LOANS 

GRANTS.... 


MIL, 


66.3 

69.1 

47.3 

15.0 

6.0 

0.0 

51.0 

63.1 

47.8 

43.0 

59.5 

44.9 

0.0 

0.0 

0.0 

48.0 

59.5 

44.9 

35.0 

43.0 

28.7 

15.1 

6.0 

0.0 

15.0 

6.0 

0.0 

0.1 

0.0 

0.0 

15.0 

6.0 

0.0 

15.0 

6.0 

0.0 

0.0 

0.0 

0.0 

0.1 

0.0 

0.0 

0.1 

0.0 

0.0 

0.0 

0.0 

0.0 

2.9 

3.6 

2.9 

0.0 

0.0 

0.0 

2.9 

3.6 

2.9 

2.9 

3.6 

2.9 

0.0 

0.0 

0.0 

•0.0 

0.0 

0.0 

12.8 

13.2 

5.7 

0.0 

0.0 

0.0 

12.8 

13.2 

5.7 

12.0 

12.0 

4.3 

0.0 

0.0 

0.0 

0.8 

1.2 

0.9 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

78.8 

82.3 

53.5 

15.0 

6.0 

0.0 

63.8 

76.3 

53.5 

OTHER  US  LOANS 0.0 

0.0       0.0 

EK-IM  BAN<  LOANS 0.0 

ALL  OTHER 0.0 

0.0       0.0 
0.0       0.0 

ASSISTANCE  FROM  INTERNATIONAL  AGENCIES 
1934      1935      1936 

1946-36 

TOTAL 

93.6 

11.4 

8.5 

431.7 

I3RD 

0.0 

0.0 

"0.0 

156.0 

IFC 

0.2 

0.0 

8.5 

9.2 

IDA 

18.1 

7.6 

0.0 

114.5 

1D3 

0.0 

0.0 

0.0 

'0.0 

A03 

0.0 

0.0 

0.0 

0.0 

AFD3 

79.6 

0.0 

0.0 

107.0 

UNDP 

0.7 

0.3 

0.0 

26.6 

OHER-UN 

0.0 

0..0 

0.0 

7.5 

ee: 

0.0 

3.5 

0.0 

10.9 

174 


MADAGASCAR 


Madagascar  is  governed  by  a  President,  a  National  Popular 
Assembly,  both  elected  by  direct  universal  suffrage,  and  a 
Supreme  Revolutionary  Council  chosen  by  both  the  President  and 
the  National  Assembly.   President  Didier  Ratsiraka  has  broad 
constitutional  powers,  and  his  position  is  further 
strengthened  by  the  influential  role  played  by  his  political 
party,  ARENA,  which  holds  an  overwhelming  majority  in  the 
National  Popular  Assembly.   The  President's  role  has  evolved 
in  recent  years  into  that  of  a  power  broker  among  various 
competing  interests.   Elections  are  actively  contested  within 
the  controlled  political  framework  sanctioned  by  the 
Government.   This  framework  permits  political  activity  by  only 
the  seven  parties  making  up  the  National  Front  for  the  Defense 
of  the  Revolution.   However,  the  political  orientation  of  the 
seven  parties  ranges  from  moderate  and  pro-Western  to 
pro-Soviet.   Vigorous  debate  in  1985-86  National  Popular 
Assembly  sessions,  negative  votes  by  opposition  parties,  and 
an  unprecedented  vote  against  a  presidential  proposal  (to 
establish  a  national  business  school)  provide  evidence  that 
the  Assembly  is  becoming  less  of  a  "rubber  stamp" 
organization.   The  President  chairs  the  Supreme  Revolutionary 
Council  which  is  composed  of  political  and  regional  leaders 
and  representatives  of  the  military  forces.   The  Council 
approves  basic  policy  and  guidelines,  convenes  and  adjourns 
the  National  Assembly,  and  passes  laws  when  the  Assembly  is 
not  sitting. 

The  Malagasy  internal  security  system  is  composed  of  the  urban 
police  force  and  the  National  Gendarmerie,  which  has 
jurisdiction  in  the  provinces.   On  occasion,  the  National 
Peoples'  Army  has  also  been  used  for  internal  security 
purposes . 

The  Malagasy  Constitution  adopted  in  1975  made  "socialism"  the 
State's  political  philosophy.   This  led  to  the  nationalization 
of  a  major  portion  of  the  economy.   The  private  sector  was 
reduced  to  a  secondary,  albeit  still  important,  role.   The 
economy  subsequently  deteriorated  as  production  declined, 
foreign  debt  rose,  and  unemployment  grew,  especially  among  the 
youth  (60  percent  of  the  population  is  under  age  25). 
However,  in  recent  years  the  Government  instituted  economic 
reform  measures,  and  agricultural  production  has  increased. 

Fundamental  liberties  and  individual  rights  are  guaranteed  by 
the  Malagasy  Constitution.   However,  several  of  these  rights, 
such  as  freedom  of  the  press  and  freedom  of  assembly,  are 
restricted  in  practice.   Rights  such  as  the  inviolability  of 
the  home  and  due  process,  may  also  be  disregarded  in  cases 
involving  state  security.   Fighting  in  recent  years  between 
paramilitary  and  vigilante  youth  groups  has  led  to  a  number  of 
deaths  and  considerable  property  destruction. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1   Respect  for  the  Integrity  of  the  Person  Including 
Freedom  from: 

a.   Political  Killing 

There  were  recurring  rumors  of  politically  motivated 
killings.   In  May  1986,  the  Minister  of  Defense,  his  Secretary 
General,  and  the  Director  of  the  OMNIS  (the  military  office  of 
strategic  industries),  were  killed  in  a  plane  crash  along  with 
eight  other  people.   While  there  is  no  evidence  that  the  plane 


175 


MADAGASCAR 

was  sabotaged,  the  Government  launched  an  official  inquiry 
into  the  matter,  the  findings  of  which  have  yet  to  be 
published.   Amnesty  International  in  its  1986  Report  (covering 
1985)  called  on  the  authorities  to  investigate  the  death  of 
Father  Sergio  Sorgone,  a  Roman  Catholic  priest,  who  may  have 
been  killed  for  political  reasons  by  members  of  the  T.T.S.,  a 
paramilitary  youth  group  which  supports  the  Government,  as 
well  as  the  deaths  of  four  other  priests  who  may  have  been 
victims  of  political  killings. 

In  1986  there  was  no  further  violence  involving  members  of  the 
T.T.S.  and  the  "kung-fu"  movement.   In  December  1984,  street 
fights  between  kung-fu  martial  arts  enthusiasts  and 
government-sponsored  youth  groups  escalated  into  a  riot.   When 
the  victorious  kung-fu  groups  then  began  to  play  a  vigilante 
role  in  Antananarivo's  poorer  districts  and  began  to  represent 
a  threat  to  the  State,  the  Government  responded  in  August  1985 
by  attacking  kung-fu  headquarters.   The  kung-fu  adherents 
responded  with  attacks  on  outlying  gendarmerie  posts  and  an 
army  camp.   In  their  suppression  of  the  kung-fu  threat,  the 
military  entered  some  homes  without  court  orders  and  ransacked 
them,  shot  some  suspects  on  sight,  and  arrested  others  without 
formal  charges.   The  official  count  of  20  dead,  31  wounded, 
and  208  arrested  compares  with  reports  from  credible  sources 
of  50  people  killed  and  300  arrested. 

b.  Disappearance 

Despite  one  press  report,  there  were  no  confirmed  cases  of 
politically  motivated  disappearance. 

c.  Torture,  and  Cruel,  Inhuman,  or  Degrading  Treatment  or 
Punishment 

While  there  were  no  documented  cases  of  physical  torture 
occurring  in  Madagascar,  some  organizations  in  the  security 
apparatus  have  a  reputation  for  ruthless  methods,  notably  the 
state  secret  police.   The  kung-fu  prisoners  have  allegedly 
suffered  from  very  cruel  treatment  while  in  detention.   There 
have  also  been  credible  reports  of  the  alleged  use  of  torture 
by  the  armed  forces  in  the  Government ' s  campaign  against 
outlaw  bandits  in  Madagascar's  southwest. 

Malagasy  prisons  are  overcrowded  and  increasingly  inhumane  in 
terms  of  living  conditions.   A  prison  built  to  hold  500 
prisoners  in  Antananarivo  is  said  to  have  1,500  occupants. 
Some  prisoners  are  not  fed  regularly,  medical  care  is  not 
provided,  infections  are  commonplace,  prisoners  rarely  have 
the  opportunity  to  wash,  and  clothing  is  not  provided.   The 
death  toll  rises  significantly  among  prisoners  during  the  cold 
winter  months . 

d.  Arbitrary  Arrest,  Detention,  or  Exile 

In  a  normal  criminal  case,  the  accused  must  be  charged  or 
released  within  3  days  of  arrest.   Defendants  in  ordinary 
criminal/civil  cases  are  generally  charged  formally  within  the 
specified  time  frame,  and,  upon  being  charged,  are  allowed  to 
obtain  a  lawyer.   Counsel  is  readily  available,  and 
court-appointed  counsel  is  provided  for  indigents. 

Persons  suspected  of  activity  against  the  State  may  be  legally 
detained  incommunicado  for  15  days,  subject  to  indefinite 
extension  if  considered  necessary  by  the  Government.   In  the 


I 


176 


MADAGASCAR 

past,  certain  defendants  involved  in  coup-plotting  cases  were 
detained  without  being  brought  to  trial  for  periods  ranging 
from  20  months  to  over  5  years.   Such  extended  periods  of 
pretrial  detention  are  exceptions  and  are  usually  limited  to 
cases  involving  national  security. 

At  the  end  of  1986  there  were  36  kung-fu  members  still  being 
held  in  Arivonimamo  prison  with  no  trial  planned  or 
scheduled.   One  detainee  is  a  woman. 

Forced  labor  is  not  practiced  in  Madagascar. 

e.  Denial  of  Fair  Public  Trial 

The  Malagasy  Constitution  provides  for  an  independent 
judiciary  and,  in  practice,  the  judiciary  seems  to  function 
without  outside  influence  from  the  executive. 

The  judiciary  has  three  levels  of  trial  courts:   lower  courts 
for  civil  and  criminal  cases  carrying  limited  fines  and 
sentences,  a  Court  of  Appeals  which  includes  a  Criminal  Court 
for  cases  bearing  sentences  of  5  years  or  more,  and  a  Supreme 
Court.   The  judiciary  also  has  a  number  of  special  courts 
designed  to  handle  specific  kinds  of  cases  under  the 
jurisdiction  of  the  higher  courts.   A  High  Constitutional 
Court,  with  a  totally  separate  and  autonomous  status,  watches 
over  the  constitutionality  of  laws,  decrees,  and  ordinances 
and  ensures  the  legality  of  elections.   A  High  Court  of 
Justice,  charged  with  prosecuting  malfeasance  in  the 
government,  is  provided  for  in  the  Constitution  but  has  never 
come  into  existence.   A  Military  Court  has  jurisdiction  over 
all  cases  involving  national  security. 

A  trial  date  and  court  have  not  yet  been  announced  for  the 
36  kung  fu  adherents  who  remain  in  prison.   The  trial  could 
take  place  in  either  the  Military  Court  or  the  Criminal  Court 
of  the  Court  of  Appeals. 

f .  Arbitrary  Interference  with  Privacy,  Family,  Home,  or 
Correspondence 

The  State  does  not  generally  intervene  in  nonpolitical  aspects 
of  the  lives  of  the  people.   The  home  is  inviolable  under 
Malagasy  law,  and  intrusions  into  an  individual's  residence, 
except  in  political  or  sensitive  cases,  must  be  made  under  the 
authority  of  a  search  warrant.   Although  government  economic 
policies  limit  the  choices  open  to  an  individual,  the  Malagasy 
may  make  their  own  decisions,  without  government  coercion  or 
interference,  in  such  matters  as  changing  jobs  or  residence, 
marriage,  having  children,  and  joining  permitted  political 
parties  or  social  organizations. 

Section  2  Respect  for  Civil  Liberties,  Including: 

a.   Freedom  of  Speech  and  Press 

Private  citizens  have  limited  freedom  to  criticize  government 
officials  and  policies  without  fear  of  arrest  by  the  local 
authorities,  but  such  criticism  must  be  carefully  worded. 
Direct  criticism  of  the  President  or  the  "Socialist 
revolution"  is  not  tolerated. 

Madagascar  has  one  of  the  highest  literacy  rates  in  Africa, 
and  Malagasy  citizens  attach  great  importance  to  the  press. 


177 


MADAGASCAR 

What  is  printed  in  the  newspaper  often  has  an  impact  on  the 
nation's  policy-making  apparatus.   Critical  examination  of  a 
range  of  policy  issues  such  as  economic  management, 
transportation,  and  education  can  be  found  in  the  media. 
However,  censorship  is  prescribed  by  the  Government  and 
executed  by  the  Ministry  of  Interior.   Copies  of  the  daily 
newspapers  are  submitted  to  the  censors  prior  to  printing. 
When  censorship  is  enforced,  the  newspapers  leave  blank  those 
columns  where  the  offending  articles  would  have  appeared. 
There  is  one  government  owned  newspaper.   The  two  major 
independently  owned  newspapers  are  Madagascar  Matin  and  Midi 
Madagasikara .   Several  other  dailies  and  weeklies  are 
published  by  party  groups  and  independent  publishers, 
including  the  outspoken  and  candid  Catholic  newspaper.  La 
Croix.   The  Government  owns  the  radio  and  television  stations. 

b.  Freedom  of  Peaceful  Assembly  and  Association 

The  rights  of  assembly  and  association  are  restricted. 
Permits  are  required  to  hold  public  meetings  and  can  be  denied 
by  the  Government  if  officials  believe  that  the  meeting  poses 
a  threat  to  the  State  or  endangers  national  unity.   Persons 
and  groups  belonging  to  parties  of  the  National  Front  are 
permitted  to  organize  and  assemble.   Nevertheless,  since 
political  activity  by  groups  outside  the  National  Front  is 
prohibited,  dissenting  political  opinion  is  limited. 

Although  the  right  to  organize  labor  unions  is  recognized, 
unions  do  not  play  a  major  role  either  politically  or 
economically.   The  labor  force  of  4.9  million  is  mostly 
agrarian,  and  union  labor  accounts  for  less  than  5  percent  of 
the  total.   Unions  are  permitted  to  strike  and  conduct 
substantive  wage  negotiations,  but  because  of  the  depressed 
economy,  strikes  have  been  few,  and  trade  unions  have  been 
relatively  quiescent.   Most  unions  are  affiliated  with 
National  Front  Parties. 

c.  Freedom  of  Religion 

The  Government  is  secular  and  there  is  no  official  religion. 
There  is  no  discrimination  on  the  basis  of  religious 
affiliation,  and  persons  are  free  to  follow  the  faith  of  their 
choice.   Missionaries  and  clergy  are  generally  permitted  to 
operate  freely,  and  the  Government  has  so  far  made  no  effort 
to  restrain  Christian  churches  which  have  become  more  active 
in  criticizing  government  policies.   Over  half  of  the 
population  is  either  Catholic  or  Protestant,  with  the 
remainder  following  traditional  Malagasy  religious  beliefs  or 
other  faiths. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign 
Travel,  Emigration,  and  Repatriation 

The  Government  has  imposed  no  restriction  on  travel  within  the 
country.   Official  approval  must  be  obtained  for  trips  outside 
the  country,  but  there  has  been  only  one  known  instance  in 
which  approval  was  denied  due  to  the  person's  political 
views.   Foreign  travel  is  impeded  by  the  difficulty  in 
obtaining  foreign  currency.   The  Malagasy  franc  is  not 
convertible  abroad,  and  the  Government  limits  the  amount  of 
hard  currency  that  can  be  obtained  for  foreign  travel.   There 
is  no  refugee  population  in  Madagascar. 


178 


MADAGASCAR 

Section  3   Respect  for  Political  Rights:   The  Right  of  Citizens 
to  Change  Their  Government. 

The  electorate's  choice  is  constrained  by  the  nature  of  the 
political  system,  since  the  only  political  parties  allowed  to 
operate  in  Madagascar  are  those  which  are  members  of  the 
National  Front.   However,  there  exists  a  range  of  ideological 
and  policy  views  among  the  seven  Front  parties,  and  within 
this  spectrum  there  are  viewpoints  represented  that  are  at 
odds  with  the  policies  of  the  administration.   Thus,  the 
electoral  process  does  give  the  voters  a  chance  to  choose 
among  candidates  expressing  differing  views  in  local  and 
regional  elections,  as  well  as  in  the  National  Assembly  and 
presidential  campaigns.   The  137  members  of  the  national 
Assembly  are  elected  by  universal  suffrage  for  5-year  terms. 
The  last  election  was  in  1983.   The  electoral  process, 
although  not  completely  free  from  irregularities,  has  been 
essentially  straightforward  in  recent  elections.   The 
political  system  in  Madagascar  also  reflects  a  considerable 
degree  of  regional  balance. 

Section  4   Governmental  Attitude  Regarding  International  and 

Nongovernmental  Investigation  of  Alleged  Violations 
of  Human  Rights 

The  Government  has  not  cooperated  with  groups  v;ishing  to 
investigate  alleged  human  rights  violations  and  has  denied 
visas  to  Amnesty  International  representatives.   When  the 
President's  opponent  in  the  1982  election  campaign  called  for 
supervision  of  the  elections  by  Amnesty  International,  the 
President  rejected  the  proposal  as  being  in  derogation  of 
national  sovereignty.   In  the  absence  of  private  human  rights 
groups,  the  Christian  churches  in  the  country  have  taken  the 
lead  in  advocating  human  rights.   Although  the  Government  is 
sensitive  to  criticism  emanating  from  this  quarter,  it  has  not 
officially  responded  to  questions  or  criticisms  from  the 
churches  or  any  other  group. 

Section  5  Discrimination  Based  on  Race,  Sex,  Religion, 
Language,  or  Social  Status 

There  appears  to  be  no  practice  of  institutional  or  systematic 
discrimination  on  the  basis  of  ethnic  grouping  or  sex  in 
Madagascar.   Although  there  are  numerous  indigenous  ethnic 
groups,  the  society  is  relatively  homogenous  due  to  a  common 
language  and  a  tendency  for  disparate  cultures  to  draw 
together  in  an  island  environment.   However,  ethnic  Indian, 
Chinese,  and  French  communities  have  experienced  some 
resentment  from  the  Malagasy  mainly  because  of  their  success 
in  commerce.   These  groups  have  occasionally  been  the  target 
of  local  government  policies  favoring  Malagasy  nationals. 

Madagascar  has  what  is  essentially  a  matriarchal  society,  and 
a  highly  visible  role  for  women  has  long  been  recognized  as  an 
integral  part  of  the  country's  sociological  framework.   Women 
have  a  lengthy  tradition  of  involvement  in  high-level 
political  activity,  and  currently  women  are  members  of  the 
Cabinet,  the  Supreme  Revolutionary  Council,  and  the  National 
Assembly.   Women  are  also  very  active  and  play  major  roles  in 
the  various  political  parties.   Women  have  a  prominent  role  in 
the  business  and  economic  life  of  the  country,  with  many  of 
them  managing  or  owning  business  concerns  or  filling 
management  positions  in  state  industries.   Education  at  all 
levels  is  open  to  women.   However,  women  in  rural  areas  and 


179 


MADAGASCAR 

J-  2  4  32 

among  the  poor  face  a  greater  degree  of  hardship.   In  addition 
to  the  responsibilities  associated  with  child  rearing  and 
household  management,  economic  necessity  forces  these  women  to 
engage  in  farm  labor  or  other  similar  activities.   These 
conditions  stem  more  from  socioeconomic  factors  than  from  a 
discriminatory  bias  against  women  in  Malagasy  society. 

CONDITIONS  OF  LABOR 

The  Malagasy  Work  Code  and  its  enforcing  legislation  describe 
the  working  conditions  required  for  employees.   The  Code 
describes  a  child  as  any  person,  regardless  of  sex,  under  the 
age  of  18.   The  minimum  age  for  employment  is  14,  but  the  use 
of  child  labor  is  prohibited  in  those  areas  where  there  is 
apparent  and  imminent  danger.   There  is  a  44-hour  workweek  in 
nonagricultural  and  service  industries.   There  are  also 
provisions  for  holiday  pay,  sick  and  maternity  leave,  and 
insurance.   The  Work  Code  has  rules  concerning  building 
safety,  machinery  and  moving  engines,  operational  safety,  and 
sanitation  standards.   It  appears  that  in  practice,  the  rules 
and  regulations  of  the  Code  are  adhered  to  by  employers  and 
are  enforced  by  the  authorities. 


180 


U.S. OVERSEAS  -LOANS  AND  GRANTS-  OBLIGATIONS  AND  LOAN  AUTHORIZATIONS 
(U.S. FISCAL  YEARS  -  MILLIONS  OF  DOLLARS) 


COUNTRY:  MADAGASCAR 


1984 


1985 


1986 


I.5C0N.  ASSIST. -TOTAL.. 

LOANS 

GRANTS , 

A.  AID  , 

LOANS , 

GRANTS , 

(SEC. SUPP. ASSIST.)  .., 

3. FOOD  FOR  PEACE 

LOANS , 

GRANTS , 

TITLE  I-TDTAL 

REPAY.  l*i    $-LOANS...., 
PAY.  IN  FOR.  CURR...., 

TITLE  II-TOTAL. 

=  . RELIEF. EC. OEV  5  WFP. 

V3L. RELIEF  AGENCY 

C. OTHER  ECON.  ASSIST.., 

LOANS , 

GRANTS 

PEACE  CORPS 

NARCOTICS 

OTHER 


II.MIL.  ASSIST. -TOTAL. 

LOANS.. , 

GRANTS , 

a. MAP  GRANTS - 

3. CREDIT  FINANCING.. 
C.INTL  MIL.ED.TRN3. . 
D.TRAN-EXCESS  STOCK. 
E. OTHER  GRANTS 


III. TOTAL  ECON.  S  MIL. 

LOANS 

GRANTS 


13.8 

13.1 

3.1 

3.0 

11.0 

0.0 

5.3 

7.1 

3.1 

0.6 

5.4 

3.1 

0.0 

0.0 

0.0 

0.6 

5.4 

3.1 

0.3 

3.0 

2.9 

13.2 

12.7 

0.0 

8.0 

11.0 

0.0 

3.2 

1.7 

0.0 

8.0 

11.0 

0.0 

S.O 

11.0 

0.0 

0.0 

0.0 

0.0 

5.2 

1.7 

0.0 

3.9 

3.1 

0.0 

1.3 

1.6 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

O.D 

'   0.0 

0.0 

0.3 

0.0 

0.0 

0.0 

0.0 

0.0 

0,0 

0.0 

0.0 

0.1 

2.2 

1.5 

0.0 

0.0 

0.0 

0.1 

2.2 

1.5 

0.0 

2.1 

1.4 

0.0 

0.0 

0.0 

0.1 

0.1 

0.1 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

13.9 

20.3 

4.6 

8.0 

.11.0 

0.0 

5.9 

9.3 

4.6 

OTHER  US  LOANS.  ... 
EX-IM  BANK  LOANS. 
ALL  OTHER , 


0.0 
0.0 
0.0 


0.0 
0.0 
0.0 


0.0 
0.0 
0.0 


ASSISTANCE  FROM  INTERNATIONAL  AGENCIES 
1934      1985      1986 


1946-86 


TOTAL...'...., 

114.3 

113.9 

52.3 

1029.7 

laRO 

3.0 

0.0 

OsO 

32.6 

if: 

3.0 

6.7 

0.0 

26.6 

IDA 

30.6 

67.0 

52.3 

545.6 

ID3 

0.0 

0.0 

0.0 

OiO 

ADS 

3.0 

0.0 

0.0 

0.0 

Ar03 

76.3 

29.3 

0.0 

153.4 

UNDP 

7.4 

5.8 

■0.0 

63.1 

OTHER-UN 

3.0 

5.1 

0.0 

15.5 

ee: 

3.0 

0.0 

0.0 

192.9 

181 


MALAWI 


The  President  of  Malawi,  Dr.  H.  Kamuzu  Banda,  has  maintained 
nearly  undisputed  control  over  political  life  and  government 
since  he  led  the  country  to  its  independence  in  1964.   He  was 
proclaimed  "Life  President"  in  1970.   Political  activity  is 
limited  to  participation  in  the  sole  legal  party,  the  Malawi 
Congress  Party.   Military,  police,  and  party  security  organs 
suppress  opposition  to  the  Government  and  monitor  a  wide  range 
of  activities. 

Malawi  inherited  a  parliamentary  form  of  government  from  Great 
Britain.   Elections  are  held  every  5  years;  all  candidates 
must  be  members  of  the  Malawi  Congress  Party  and  approved  by 
the  President.   Constitutional  amendments  and  laws  passed  by 
the  124-member  Parliament  reflect  decisions  already  taken  by 
the  President. 

Malawi  is  a  small  densely  populated,  landlocked  country  whose 
principal  assets  are  moderately  fertile  soils,  good  water 
resources,  and  a  climate  favorable  to  crop  production.   Since 
independence  the  Government  has  used  good  planning  and  wise 
investment  of  the  limited  available  resources  to  promote 
economic  development.   However,  despite  substantial  progress, 
per  capita  gross  national  product  in  1985  measured  only  $210. 
Malawi's  current  population  of  7.2  million  people  is  growing 
at  an  estimated  annual  rate  of  3 . 1  percent.   Possessing  no 
significant  mineral  resources  or  industrial  sector,  Malawi  is 
heavily  dependent  on  agriculture  for  export  earnings  and 
employment . 

During  1986  two  cases  continued  to  receive  outside  attention 
from  human  rights  groups.   Appeals  and  inquiries  were  made  on 
behalf  of  Orton  and  Vera  Chirwa,  both  serving  life  sentences 
for  treason  (commuted  from  death  sentences  in  1984).   Three 
journalists  detained  in  March  1985,  reportedly  because  of  a 
misquotation  published  in  the  local  newspapers,  have  been 
released. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1   Respect  for  the  Integrity  of  the  Person,  Including 
Freedom  from: 

a.  Political  Killing 

There  have  been  no  allegations  of  politically  motivated 
killings  within  the  country  during  1986. 

b.  Disappearance 

In  the  past,  secret  detentions  by  the  police  have  been  behind 
disappearances  lasting  from  a  few  weeks  to  several  months. 
There  are  no  known  instances  in  which  such  detentions  have  led 
to  death.   There  were  no  known  political  disppearances  in  1986. 

c.  Torture  and  Cruel,  Inhuman,  or  Degrading  Treatment  or 
Punishment 

Beatings  by  the  police  at  the  time  of  detention  or  arrest,  or 
during  interrogation,  are  illegal  but  do  occasionally  occur. 
Prison  terms  of  hard  labor  are  the  norm  for  common  criminals, 
with  political  detainees  normally  receiving  less  harsh  or 
degrading  treatment.   Prison  conditions  are  generally  believed 
to  be  poor  but  are  difficult  to  verify  since  access  to  prisons 


182 


MALAWI 

is  tightly  controlled.   According  to  one  report,  some 
hard-core  criminals  were  sent  to  remote  prisons  where 
insufficient  food  was  provided.   Several  are  believed  to  have 
died  of  malnutrition. 

The  Forfeiture  Act  permits  the  Government  to  revoke  the 
property  rights  of  those  suspected  of  economic  crimes.   These 
revocations  sometimes  have  political  overtones.   When  the 
Forfeiture  Act  is  invoked,  the  individual — but  not  his 
family — loses  all  worldly  possessions,  including  business  and 
financial  assets  and  personal  belongings.   Revocation  of 
property  rights  is  carried  out  by  executive  fiat  with  no 
judicial  review.   Notice  of  forfeiture  must  be  published  in 
the  Official  Gazette.   There  were  no  such  cases  published  in 
1986. 

d.  Arbitrary  Arrest,  Detention,  or  Exile 

Under  the  Preservation  of  Public  Security  Act,  the  President 
may  order  the  arrest,  search,  and  detention  of  any  person  whom 
the  Government  suspects  may  cause  trouble  in  the  country.   A 
person  who  is  arrested  under  this  law  can  be  detained  by  the 
police  without  trial  in  a  court  of  law. 

At  any  given  time  a  number  of  persons  may  be  detained  for  real 
or  perceived  offenses  against  the  party  or  Government. 
Currently,  for  example,  a  senior  official  of  the  Government's 
Information  Department  is  being  detained,  although  charges 
against  him  have  not  been  made  public.   Malawi  residents 
(including  Africans  and  those  of  Asian  extraction)  may  be 
picked  up  at  the  whim  of  the  authorities,  held  without  charge 
for  varying  lengths  of  time,  and  released.   While  political 
detainees  are  rarely  beaten,  the  length  of  their  confinement 
is  often  uncertain. 

Suspicion  of  corruption  is  another  cause  for  being  held;  those 
detained  are  rarely  charged  officially  and  brought  before 
courts.   A  suspect  may  also  be  held  without  charge  for  a  long 
period  of  time  while  authorities  develop  a  case.   One  reported 
example  is  that  of  a  young  Malawian  who  was  detained  and 
interrogated  in  October  1985  for  asking  in  jest  if  President 
Banda  would  live  long  enough  to  enjoy  his  newest  residence, 
then  being  constructed  in  Mzugu.   He  has  been  held  without 
charge  since  that  time  at  Nsanje  prison.   It  is  impossible  to 
estimate  the  number  of  arbitrary  detentions  and  arrests  made 
in  Malawi  in  1986. 

Forced  labor  is  sometimes  used  as  a  form  of  criminal 
punishment . 

e.  Denial  of  Fair  Public  Trial 

Those  charged  with  criminal  offenses  are  tried  in  either  the 
traditional  or  modern  court  system,  depending  on  the  nature  of 
the  charge.   Those  charged  under  the  military  code  of  justice 
are  tried  in  military  courts.   Lawyers  are  not  permitted  to 
assist  defendants  in  traditional  court  cases,  but  legal 
counsel  is  permitted  in  the  modern  court  system.   In  the 
latter  case,  the  defendant  has  the  right  of  access  to  counsel 
both  before  and  during  the  judicial  proceeding.   The  right  of 
appeal  exists  in  both  the  modern  and  traditional  court 
systems.   In  practice,  the  Government  and  party  exert  little 
control  over  the  trial  system  in  cases  tried  before  the  High 
Court  or  magistrate  court.   The  modern  judiciary  is 


183 


MALAWI 

independent  of  the  executive  branch,  although  the  President 
appoints  the  Chief  Justice  of  the  High  Court  who,  in  turn, 
appoints  other  modern  court  justices.   Magistrates  may  be 
removed  from  their  positions  for  reasons  of  incompetence, 
malfeasance  or  if  it  is  deemed  by  the  executive  branch  to  be 
in  the  public  interest.   This  lack  of  job  security  can  act  as 
an  indirect  form  of  government  pressure.   These  courts  are 
open  to  the  public,  and  defendants  are  charged  publicly. 

Traditional  court  justices  are  appointed  directly  by  the 
President.   It  is  generally  believed  that  there  is  little 
executive  interference  in  traditional  court  cases  dealing  in 
matters  of  customary  law,  and  there  is  no  evidence  of  indirect 
executive  pressure  on  traditional  courts  adjudicating  cases  of 
a  political  nature.   The  three  traditional  courts  at  the 
regional  level  deal  with  most  capital  offenses.   A  guilty 
verdict  is  reviewed  by  the  national  traditional  court  and  a 
ministerial  committee  considers  clemency.   Trials  in 
traditional  courts  are  conducted  and  death  sentences  are 
carried  out  without  publicity.   The  number  of  executions  is 
not  a  matter  of  public  record  but,  according  to  one  report, 
about  a  dozen  occurred  in  early  1986.   The  death  penalty  is 
mandatory  for  murder  and  treason  and  can  be  imposed  for  armed 
robbery . 

f .   Arbitrary  Interference  with  Privacy,  Family,  Home,  or 
Cor  r espondence 

In  private  life,  most  people  are  not  unduly  affected  by 
government  authority.   Malawi  law  calls  for  the  issuance  of 
individual  warrants  before  any  home  may  be  entered,  but  this 
is  not  always  observed  in  practice.   Police  and  quasi-military 
groups  enter  houses  of  suspects  at  will  under  special  entry 
authority  to  conduct  searches  for  people  or  incriminating 
evidence.   Correspondence  is  monitored  by  the  authorities  and 
mail,  including  international  mail,  is  often  opened. 

Section  2  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press 

Criticism  of  the  Government  and  its  policies  is  not  allowed; 
this  proscription  extends  even  to  the  Parliament.   The  media 
do  not  submit  their  news  items  and  programs  to  the  Information 
Department  for  approval  or  censorship,  but  the  penalty  for 
publishing  material  which  meets  with  official  displeasure  can 
be  severe  and  several  journalists  have  been  jailed  for 
extended  periods.   As  a  result,  the  two  newspapers  and  sole 
radio  station  operate  under  informal  but  strict 
self-censorship  guidelines.   Both  media  have  exhibited 
increasing  candor  in  coverage  of  international  issues.   In 
addition,  criticism  of  the  efficiency  of  some  government 
departments  has  appeared  in  the  media  and  Parliament.   Limited 
freedom  of  inquiry  into  the  natural  and  social  sciences  exists 
at  the  university  level,  and  may  include  some  examination  of 
political  ideologies  at  radical  variance  with  those  of  the 
Government,  provided  this  does  not  extend  to  explicit 
criticism  of  the  Government. 

b.  Freedom  of  Peaceful  Assembly  and  Association 

Individuals  and  organizations  generally  are  free  to  meet  and 
associate  as  long  as  the  purpose  is  not  to  discuss  government 
or  party  policy  or  practices.   Professional,  fraternal,  and 


66-986  0-87-7 


184 


MALAWI 

service  organizations  exist  and  are  encouraged  by  the 
Government.   No  political  meetings  are  permitted,  other  than 
those  of  the  party. 

Labor  unions  exist,  but  their  activities  are  highly 
circumscribed,  and  they  are  generally  ineffective.   Collective 
bargaining  is  allowed,  but  its  use  is  limited.   Malawi  law 
guarantees  the  right  to  strike,  but  in  practice  strikes  never 
occur.   Labor  unions  come  under  the  Malawi  Trade  Union 
Congress  which  in  turn  is  subject  to  direction  by  the  Ministry 
of  Labor.   With  Government  permission  and  supervision,  the 
trade  union  organization  associates  with  international 
organizations,  and  the  Malawi  Trade  Union  Congress  is  a  member 
of  the  Organization  of  African  Trade  Union  Unity  and  of  the 
International  Confederation  of  Free  Trade  Unions.   While  the 
labor  movement  has  yet  to  achieve  gains  for  workers,  the 
principal  explanation  is  economic  rather  than  political:  the 
economy  of  Malawi  can  sustain  only  a  small  number  of  wage 
earners,  most  of  whom  occupy  positions  as  unskilled  laborers 
on  large  estate  farms. 

c.  Freedom  of  Religion 

There  is  relative  freedom  of  religion  in  Malawi  for  all 
religions  whose  particular  religious  tenets  do  not  preclude 
recognition  of  the  temporal  authority  of  the  State.   Jehovah's 
Witnesses  have  been  banned  since  1967  because  the  Government 
considers  the  sect's  activities  to  be  disruptive  of  "the 
prevailing  calm,  law,  and  order."   There  is  no  state  or 
preferred  religion,  and  conversion  from  one  religion  to 
another  is  permitted.   There  are  no  restrictions  on  religious 
observances  and  ceremonies  which  do  not  impinge  on  government 
authority.   Religious  groups  may  establish  places  of  worship 
and  train  clergy.   They  are  required  to  register  with  the 
Government,  and  their  publications,  like  all  others,  are 
subject  to  government  censorship.   Religious  groups  are  free 
to  establish  and  maintain  links  with  coreligionists  in  other 
countries  and  are  free  to  travel  abroad.   Similarly, 
missionaries  from  abroad  are  permitted  to  enter  Malawi  and 
proselytize.   There  is  no  tie  between  a  particular  religion 
and  the  Malawi  Congress  Party. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign 
Travel,  Emigration,  and  Repatriation 

Few  restrictions  have  been  observed  on  movement  within  Malawi, 
though  legal  provisions  exist  for  restricting  movement  of 
those  convicted  of  political  or  criminal  offenses.   Asian 
residents  and  citizens  are  free  to  travel  within  the  country 
but  must  reside  and  work  in  one  of  four  urban  areas  (Lilongwe, 
Zomba,  Mzuzu,  and  Blantyre/Limbe) .   Within  some  of  these  urban 
centers,  strict  rules  governing  where  Asians  may  own  property 
result  in  limitations  on  where  they  may  reside.   Denial  of 
passports  on  political  grounds  frequently  extends  to  family 
members  of  persons  in  political  disfavor  and  to  those  persons 
whom  the  Government  suspects  may  criticize  it  if  allowed  to 
travel  abroad.   Civil  servants  and  employees  of  state-owned 
enterprises  have  to  obtain  written  permission  to  travel  abroad 
even  on  vacation.   Obtaining  such  clearance  can  take  from  a 
few  days  to  several  months.   Formal  emigration  is  neither 
restricted  nor  encouraged.   With  the  exception  of  a  small 
group  of  political  dissidents,  there  is  no  outward  flow  of 
Malawian  refugees  from  the  country.   Expatriates  born  in 
Malawi  may  return.   Citizenship  may  be  revoked  but  in  practice 
this  is  not  done. 


185 


MALAWI 

Malawi  does  not  accord  official  refugee  status  but  has  allowed 
private  voluntary  organizations  to  provide  medical  and  other 
relief  to  some  of  the  large  number  of  displaced  persons  who 
have  come  into  Malawi  due  to  fighting  and  hunger  in 
Mozambique.   Approximately  70,000  Mozambicans  have  crossed  the 
border  to  avoid  harassment  from  government  and  insurgent 
forces . 

Section  3   Respect  for  Political  Rights:  The  Right  of  Citizens 
to  Change  Their  Government 

All  political  decisions  are  made  either  directly  by  the 
President  or  those  few  closely  associated  with  him.   No 
opposition  political  parties  or  movements  are  permitted. 
Membership  in  the  Malawi  Congress  Party  is  not  mandatory  but 
is  often  coerced.   Active  membership  is  expected  of  those  who 
aspire  to  government  positions  (including  the  civil  service) 
or  even  professional  success.   Party  membership  is  often 
required  of  school  children  and  of  those  who  seek  access  to 
government  services  or  entrance  to  local  markets .   The  annual 
renewal  fee  is  only  about  25  cents,  but  this  can  be  nearly 
half  a  day's  pay  for  a  minimum  wage  earner.   In  addition,  when 
the  President  visits  an  area,  financial  contributions  from 
individuals  and  businesses  are  expected.   Nearly  half  of  the 
population  has  at  least  nominal  party  membership.   The  party's 
pervasiveness  and  broad-based  structure  provide  for  some 
choice  among  candidates  for  party,  parliamentary,  or  other 
offices.   For  example,  as  was  the  case  in  the  1983  election, 
there  are  often  three  candidates  for  election  to  a 
parliamentary  constituency.   All  nominees,  however,  are 
selected  by  the  party  and  submitted  to  the  President  for 
review.   Active  campaigning  is  not  permitted.   The  National 
Assembly  (Parliament)  consists  of  both  elected  and  nominated 
members  and  is  mainly  concerned  with  ratifying  government 
policy.   Its  powers  are  broadly  based  in  law  but  highly 
circumscribed  in  practice.   Women  are  entitled  to  party 
membership  and  voting  rights  and  hold  15  of  the  104  elected 
seats  in  Parliament.   No  women  hold  ministerial-level 
positions . 

Section  4   Governmental  Attitude  Regarding  International  and 

Nongovernmental  Investigation  of  Alleged  Violations 
of  Human  Rights 

The  Government  does  not  permit  organizations  such  as  the 
International  Committee  of  the  Red  Cross  and  Amnesty 
International  to  conduct  human  rights  investigations  in 
Malawi.   No  nongovernmental  organizations  devoted  to  the 
furtherance  of  human  rights  are  permitted  to  exist. 
Expressions  of  interest  in  alleged  human  rights  problems  by 
outside  groups  or  persons  are  not  welcomed  and  are  usually 
ignored.   Few  government  officials  are  even  willing  to  discuss 
the  subject  of  human  rights. 

Section  5  Discrimination  Based  on  Race,  Sex,  Religion, 
Language,  or  Social  Status 

While  Malawi  remains  one  of  the  world's  least  developed 
countries,  economic  and  social  needs  and  cultural  aspirations 
are  met  on  a  generally  nondiscriminatory  basis.   Asian 
residents,  whether  Malawian  citizens  or  not,  have  been 
compelled  to  transfer  ownership  of  rural  shops  and  trucking 
businesses  to  ethnic  African  Malawian  citizens.   Asians  are 


186 


MALAWI 

free  to  expand  into  other  areas  of  business,  however,  and 
industrial  licenses  for  new  Asian-operated  industries  are 
routinely  granted. 

Women  are  limited  to  the  roles  defined  by  a  traditional 
African  society  and  do  not  have  opportunities  equal  to  those 
of  men.   As  mothers,  women  enjoy  a  high  degree  of  access  to 
the  traditional  health  services  and  to  extension  programs 
designed  to  improve  women's  homemaking  abilities.   Such 
programs,  while  benefical,  have  failed  to  recognize  the 
importance  of  women  as  agricultural  producers  in  the  rural 
sector  (roughly  70  percent  of  all  smallholder  farms  and  over 
50  percent  of  subsistence  holdings  are  headed  by  women)  and 
the  potential  role  women  can  have  in  the  modern  sector. 
Although  males  still  have  a  comparative  advantage  in  terms  of 
educational  and  employment  opportunities,  the  Government  has 
initiated  sufficiently  broad-scale  programs  to  begin  to 
rectify  the  discrimination  which  exists.   A  third  of  the 
positions  in  the  public  education  system  have  been  reserved 
for  women.   Within  Malawi's  traditional  and  primarily 
matrilineal  tribal  leadership  structures,  there  are  several 
small  ethnic  groups  wherein  women  possess  fewer  rights  and 
privileges,  and  where  female  circumcision  is  occasionally 
practiced. 

Malawi  enjoys  a  considerable  degree  of  ethno linguistic 
uniformity.   The  vast  majority  of  the  population  speaks  and/or 
understands  Chichewa,  which  became  the  national  language  in 
1968.   English  is  the  official  language  for  government  and 
business.   Malawi's  indigenous  groups  are  sufficiently  alike 
in  culture  and  social  organization  to  permit  relatively  easy 
interaction,  including  intermarriage,  mixing  in  agricultural 
settlements,  and  mixed  grouping  for  political  purposes. 

CONDITIONS  OF  LABOR 

The  minimum  working  age  is  14,  though  this  applies  only  to  the 
relatively  small  urban  sector.   Less  than  15  percent  of  the 
work  force  is  employed  in  the  formal  wage  sector.   For  those 
fortunate  enough  to  hold  paid  jobs,  wages  and  working 
conditions  are  generally  adequate,  and  paid  holidays  and 
safety  standards  in  the  workplace  are  required  by  law. 
However,  wage  levels  are  low  (about  $2  a  day  in  the  three 
major  towns),  reflecting  the  abundance  of  unskilled  labor  and 
government  policy  to  limit  the  rural-urban  income  gap  and 
hence  the  rate  of  migration  to  the  towns. 


187 


U.S.OveRScftS  -LOAMS  AIJD  GR4NTS-  OBLIGATIONS  AND  LOAN  AUTHORIZATIONS 
(U.S. FISCAL  YEARS  -  MILLIONS  OF  DOLLARS) 


COJNTRY:  'lALAWI 


1934 


1  535 


1936 


I.  EC 


A. A 


( 

3.  r 


TIT 

RH 

PA 

TIT 

VO 
CO 


ASSIST. -TOTAL.. 

OANS 

RANTS 


CANS 

RANT 

C.SU 

D  FO 

OANS 

RANT 

I-T 

Y.  I 

IN 

li- 

LIEF 

RELI 

ER  £ 

DANS 

RANT 

PEA 

NAR 

OTH 


°?. ASSIST.) .. 
p  PEACE 


OTAL , 

N  ;-LO:'^NS  .  .  .  . 
FOR.  CU?' . . . . , 

TOTAL 

.EC.OEV  i,  WFP. 
EF  AGEMCY.. .. , 
:0M.  ASSIST... 


CE  CORPS, 
COTICS. .. 
ER 


26.7 

0.0 

26.7 


23 
0 
25 
15 
0 
0 
0 
0 
0 
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,4 
,0 
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0.0 
1.1 
0.0 

1.1 
1.1 

0.0 
0.0 


36.0 

0.0 

36.0 

34.9 

0.0 

34.9 

10.5 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

1.1 

0.0 

1.1 
1.1 

0.0 
0.0 


II. MIL.  ASSIST. -TOTAL, 

LOANS 

GRANTS 

A.CIA  P  GRANTS 

3. CREDIT  FINANCING., 
:.INTL  MIL.ED.TRNG. 
J. IRAN- EXCESS  STOCK 
;-.  OTHER  GRANTS , 


0.2 

0.0 
O.D 


0.0 
0.0 


1.2 

0.0 
1.2 
1.0 
0.0 
0.2 
0.0 
0.0 


III. TOTAL  ECON, 
LOANS. ... 
GRANTS. .. 


2    'ML 


9.3 
O.D 

9  .  ^ 


27.0 

0.0 

2^.9 


77.2 

0.0 

37.2 


ontR  \ji  loam:  . , 

fcX-l"!     bAN,<    LOA; 
ALL     OTHER 


O.D 
0.0 
O.D 


0.0 


0.0 
0.0 

o.n 


ASSISTANCE  F.-",CM  I  ;.'T -IF  N  A  ;  I  O'l  iL  t 
^  '  :,',  19?5 


M  c :  £  3 
19C6 


1946-36 


7 JTiL 

U3.1 

71  .  3 

74.3 

36  5.2 

liP.O 

1  ?.D 

6.4 

2^.5 

124.1 

if: 

0.0 

2.3 

0.7 

29.0 

I. J  A 

^3.4 

38.3 

41  .6 

433.7 

103 

0.0 

0.3 

0.0 

i).o 

ADS 

0.0 

0.3 

0.0 

0.0 

AFDB 

35.7 

23.1 

0.0 

144.7 

UNDP 

0.3 

1.3 

'  0.0 

42.7 

OTHER-UN 

5.7 

0..0 

0.0 

14.0 

EEC 

3.0 

0.0 

7.5 

22.0 

188 


MALI 


Mali  is  a  single  party  state  in  which  effective  authority  is 
exercised  by  General  Moussa  Traore,  Secretary  General  of  the 
Democratic  Union  of  the  Malian  People  and  President  of  the 
Republic.   In  1968  President  Traore,  then  a  lieutenant,  led  a 
military  coup  which  overthrew  the  leftist  civilian  government 
of  Modibo  Keita.   Although  Mali  in  1974  adopted  a  Constitution 
which  increased  the  number  of  civilians  in  the  Government,  the 
military  continues  to  have  an  important  role  in  party  and 
governmental  affairs.   Military  officers  hold  approximately 
one-fourth  of  the  senior  positions  in  the  Cabinet  and  party, 
four  of  seven  governorships,  and  an  important  portion  of  lower 
level  administrative  posts,  mostly  in  border  areas.   A 
government  reorganization  in  June  further  increased  the 
percentage  of  civilians  in  office. 

Burkina  Faso  fought  a  week-long  border  war  with  Mali  in 
December  1985  over  long  disputed  territory.   Tension  between 
the  two  countries  remains  high,  but  a  ruling  from  the 
International  Court  of  Justice  at  the  end  of  1986  won  praise 
from  both  countries,  which  have  publicly  vowed  to  abide  by 
it.   Prisoners  from  the  December  border  war  have  been 
repatriated. 

Mali  is  one  of  the  world's  poorest  countries,  with  per  capita 
income  around  $160  a  year.   Landlocked  and  lacking  easily 
exploitable  mineral  resources,  except  for  some  gold,  Mali's 
economy  is  based  on  subsistence  farming  and  animal  husbandry, 
both  of  which  have  been  severely  affected  by  drought  in  recent 
years . 

The  political  and  human  rights  situation  did  not  change 
significantly  over  the  past  year.   No  organized  political 
opposition  groups  are  permitted  within  Mali.   The  Government 
has  not,  however,  reacted  harshly  to  opposition  since  the 
student  riots  in  1981.   In  1986,  within  the  context  of  official 
party  or  union  meetings,  it  permitted  limited  criticism  of  its 
economic  reform  policies. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1   Respect  for  the  Integrity  of  the  Person,  Including 
Freedom  from: 

a.  Political  Killing 

There  were  no  reported  incidents  of  politically  motivated 
killings . 

b.  Disappearance 

There  were  no  reported  incidents  of  disappearance,  abduction, 
or  hostage-taking. 

c.  Torture  and  Cruel,  Inhuman,  or  Degrading  Treatment  or 
Punishment 

The  Government  of  Mali  does  not  officially  condone  police 
brutality,  but  physical  abuse  of  suspects  sometimes  occurs  in 
police  interrogation.   Torture  rarely  occurs.   Public  beatings 
by  the  citizenry  of  persons  identified  as  thieves  does  take 
place  on  occasion.   Prison  conditions  are  harsh  and,  owing  to 
a  lack  of  resources,  facilities  are  inadequate.   Prisoners 
perform  hard  manual  labor,  such  as  road  maintenance.   In  the 
past.  Amnesty  International  has  expressed  concern  over  alleged 


189 


MALI 

degrading  treatment  of  prisoners  in  Taoudenit  and  Kidal  prisons 
situated  in  northern  desert  locations  and  appealed  to  the 
Government  to  improve  conditions.   These  prisons  may  contain 
some  political  prisoners. 

During  an  April  visit  to  Senegal  by  President  Traore,  Malian 
students  at  the  University  of  Dakar  led  a  strike  to  highlight 
their  claim  that  six  students  detained  in  Mali  were  being 
mistreated  and/or  tortured.   The  students  in  c[uestion,  who 
were  tried  in  November  1985  for  "offenses  against  the  head  of 
state",  were  represented  by  lawyers;  two  were  acquitted  and 
four  received  suspended  sentences.   There  is  no  evidence  that 
the  students  were  mistreated  during  their  incarceration  before 
the  trial. 

d.  Arbitrary  Arrest,  Detention,  or  Exile 

No  incidents  of  arbitrary  arrests,  detention,  or  exile  were 
reported  during  1986.   The  Malian  judicial  system  is  based  on 
the  French  model  and  detained  persons  do  not  have  the  right  to 
a  judicial  determination  of  the  legality  of  their  detention. 
However,  Malian  law  does  not  permit  arrest  without  formal 
charge.   Malian  law  does  not  provide  for  release  on  bail,  but 
detainees  are  sometimes  released  on  their  own  recognizance. 
Prisoners  are  usually  allowed  access  to  a  lawyer  of  their 
choosing.   Administrative  backlogs  often  cause  delays  in 
bringing  people  to  trial. 

Forced  or  compulsory  labor  is  prohibited  except  in  cases  of 
convicted  criminals. 

e.  Denial  of  Fair  Public  Trial 

The  judiciary  is  part  of  the  executive  branch  and  therefore 
potentially  subject  to  interference.   Trials  are  generally 
short  in  duration.   While  confessions  are  not  coerced, 
defendants  usually  admit  guilt,  and  defense  lawyers  tend  to 
argue  mitigating  circumstances.   The  verdict  and  sentence  are 
rendered  by  a  panel  of  three  judges.   The  appeals  process  is 
limited  to  an  appeal  for  a  presidential  pardon  or  a  request 
for  a  new  trial.   The  National  Assembly  can  convene  a  High 
Court  of  Justice  to  hear  cases  against  state  ministers.   This 
Court  did  not  meet  during  1986.   Several  high-ranking  officers 
were  arrested  for  reportedly  inept  command  decisions  during 
the  December  1985  border  conflict  but  were  subsequently 
released. 

f.  Arbitrary  Interference  with  Privacy,  Family,  Home,  or 
Correspondence 

Inviolability  of  the  home  is  guaranteed  in  the  Constitution 
and  generally  respected  in  practice.   Police  searches  are 
infrequent,  and  warrants  are  issued  and  recorded,  though 
sometimes  after  the  fact. 

Section  2  Respect  for  Civil  Liberties,  Including: 

a.   Freedom  of  Speech  and  Press 

The  Malian  Constitution  does  not  guarantee  freedom  of  speech 
and  press.   The  State  controls  all  Malian  media  and  does  not 
permit  public  questioning  of  its  authority.   Criticism  of 
specific  programs,  aspects  of  society,  or  the  performance  of 
government  offices  (rarely  of  individuals)  is,  however, 
allowed.   The  national  labor  union  enjoys  limited  freedom  to 


190 


MALI 

express  dissatisfaction  with  some  government  austerity 
programs.   Academic  freedom  does  not  extend  to  criticism  of 
the  Government  or  its  policies.   Journalists  are  all 
government  employees.   A  few  have  been  suspended  or  fired  for 
"impertinent"  questioning,  but  in  general  they  have  not  been 
subjected  to  other  reprisals.   Private  Malian  publications 
expressing  antigovernment  views  are  not  tolerated,  but 
international  publications,  even  those  critical  of  Mali  or  its 
Government,  are  readily  available  and  circulate  freely. 

b.  Freedom  of  Peaceful  Assembly  and  Association 

The  Malian  Constitution  guarantees  the  liberty  of  citizens  to 
form  organizations  to  protect  their  "professional  interests," 
but  in  reality  only  selected  organizations  such  as  urban 
professional  associations  qualify  for  this  consideration.   The 
only  groups  which  assemble  freely  are  the  women's,  youth,  and 
labor  associations  of  Mali's  single  political  party. 

Twelve  labor  unions  with  a  total  of  130,000  members  form  the 
National  Union  of  Malian  Workers  (UNTM) ,  the  only  recognized 
workers'  organization.   Despite  its  party  affiliation,  the 
UNTM  claims  to  maintain  a  degree  of  autonomy  from  the 
Government,  and  its  Secretary  General  is  not  a  member  of  the 
party's  central  executive  council.   Within  limits,  collective 
bargaining  is  permitted.   Strikes,  though  permitted  by  law, 
seldom  occur.   In  November  1986,  Malian  teachers  went  on 
strike  for  1  day  to  protest  nonpayment  of  salaries.   The 
teachers'  union  carried  out  a  2-day  strike  in  December  when 
their  salaries  remained  unpaid.   The  Government  did  not 
intervene  to  prevent  the  strike.  The  UNTM  maintains  contacts 
with  international  labor  organizations,  both  public  and 
private . 

c.  Freedom  of  Religion 

Mali  is  a  secular  state.   The  Government  generally  does  not 
discriminate  on  religious  grounds.   Although  90  percent  of 
Malians  are  Muslim,  most  other  religions  may  practice  their 
faiths  freely  and  are  permitted  to  establish  houses  of  worship 
and  schools.   Christian  missionaries  of  various  faiths  enjoy 
government  cooperation  and  are  free  to  proselytize.   Religious 
conversion  is  permitted,  except  to  the  Baha ' i ,  who  are  free  to 
practice  their  faith  in  their  homes  but  forbidden  to 
proselytize  or  establish  houses  of  worship. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign 
Travel,  Emigration,  and  Repatriation 

Freedom  of  movement  in  Mali  is  generally  unimpeded,  although 
travelers  are  sometimes  subject  to  police  checks,  especially 
at  night.   These  checks  are  allowed  by  law,  ostensibly  to 
restrict  the  movement  of  stolen  or  smuggled  goods.   In 
practice,  some  police  are  known  to  supplement  their  frequently 
delayed  salaries  by  assessing  ad  hoc  fines  or  confiscating 
goods.   Malians  are  free  to  change  residence  or  work  place. 
Foreign  travel  requires  an  exit  visa  which  is  easy  to  obtain. 
Repatriation  is  not  restricted.   Mali  has  both  accepted  and 
generated  persons  displaced  by  drought  and  famine  in  recent 
years.   A  steady  stream  of  people — mainly  nomads  affected  by 
the  drought — migrated  to  towns  in  southern  Mali  in  1985  and 
substantial  numbers  remain  there  in  1986.   Several  thousand 
Malians  were  repatriated  from  Algeria  in  1986. 


191 


MALI 

Section  3  Respect  for  Political  Rights:   The  Right  of  Citizens 
to  Change  Their  Government 

The  only  legal  political  party,  the  Democratic  Union  of  the 
Malian  People,  is  the  supreme  political  entity  in  Mali.   Its 
Secretary  General,  Moussa  Traore,  is  by  law  the  President  of 
the  Republic.   The  role  of  the  military  has  diminished  in 
recent  years  but  is  still  important.   Five  of  the  party's  19 
central  executive  bureau  members,  5  of  the  17  cabinet 
ministers,  4  of  the  7  regional  governors,  and  numerous  lower 
level  officials  are  military  officers.   Important  policies  and 
decisions  are  made  by  a  small  group — the  President,  the 
l9-member  central  executive  bureau,  and  the  Council  of 
Ministers.   The  party  congress  meets  only  once  every  3  years, 
and  the  National  Assembly  m.eets  twice  a  year. 

Citizens  thus  have  little  and  infrequent  opportunity  to 
influence  the  Government.   Within  the  one-party  system, 
multiple  candidates  often  contest  party  elections  at  the  local 
level.   National  Assembly  elections,  held  every  4  years, 
generally  present  a  single  candidate  selected  by  the  party  for 
each  seat,  although  in  theory  all  party  members  are  eligible 
to  run  for  election.   The  National  Assembly  debates  proposed 
legislation  after  its  acceptance  by  the  Council  of  Ministers 
and  review  by  the  Supreme  Court . 

Section  4   Governmental  Attitude  Regarding  International  and 

Nongovernmental  Investigation  of  Alleged  Violations 
of  Human  Rights 

The  Government  of  Mali  has  been  generally  responsive  to  calls 
by  recognized  groups  such  as  Amnesty  International  to  correct 
reported  human  rights  violations.   However,  Mali  itself  has  no 
local  human  rights  organizations.   The  Ministries  of  Foreign 
Affairs  and  Justice  are  charged  with  responsibility  for  human 
rights  issues.   Mali  does  not  play  a  major  role  in 
international  human  rights  forums. 

Section  5  Discrimination  Based  on  Race,  Sex,  Religion, 
Language,  or  Social  Status 

While  the  Government  avoids  use  of  ethnic  "quotas,"  virtually 
all  ethnic  groups  are  represented  at  the  highest  state  and 
party  level.   In  local  government,  officials  are  assigned 
outside  their  regions  of  origin.   Although  some  nomadic  groups 
such  as  the  Tuaregs  remain  outside  the  economic  and  political 
mainstream,  Mali  is  relatively  free  of  ethnic  tension. 

Social  and  cultural  factors  assign  a  higher  role  to  men  that 
women  in  Malian  society,  but  women  are  making  some  progress. 
Women  are  free  to  participate  in  the  Malian  political  process, 
and,  while  under represented,  are  present  at  all  levels  of 
government  and  the  party,  especially  at  the  local  level.   A 
limited  number  of  women  occupy  positions  of  responsibility  in 
most  ministries.   Two  women  serve  in  the  Cabinet  (Minister  of 
Information  and  Minister  of  Public  Health  and  Social  Services) 
and  one  in  the  party's  executive  bureau  (president  of  the 
women's  union.)   Three  women  now  serve  in  the  National 
Assembly.   Notwithstanding  this  trend,  custom  often  restricts 
women  to  "women's  issues"  when  they  do  participate  in  politics. 
The  National  Union  of  Malian  Women  in  particular  promotes 
discussion  of  health,  social,  and  education  issues  and 
disseminates  information  on  the  arguments  against  female 
circumcision.   Despite  the  creation  of  a  national  commission 


192 


MALI 

on  the  issue  and  government  disapproval,  female  circumcision 
is  still  widely  practiced. 

CONDITIONS  OF  LABOR 

Workers'  rights  are  specified  in  the  Constitution.   Conditions 
of  employment,  including  hours,  wages,  social  security 
benefits,  and  health  and  safety  standards  vary  depending  upon 
the  category  of  work.   Employers  are  recpaired  to  pay  into  a 
National  Social  Security  Fund.   While  the  minimum  age  for 
employment  is  14  with  parents'  permission,  children  can  be 
apprenticed  at  12.   In  practice,  children  in  rural  areas  join 
the  work  force  at  a  much  younger  age,  and  workers  in  the 
informal  sector  are  not  protected  by  laws  against  unjust 
compensation,  excessive  hours,  and  capricious  discharge. 


193 


U.S.OVERScftS 


■LOANS  ANO  GRANTS-  OBLIGATIONS  AND  LOAN  AU I nuK i t mTIONS 
(U.S. FISCAL  YEARS  -  MILLIONS  OF  DOLLARS) 


COJNTRY:  MALI 


1934 


1985 


1986 


I.ECON.  ASSIST. -TOTAL... 

LOANS 

GRANTS 

A. AID  

LOANS 

GRANTS 

(SEC. SUPP. ASSIST.)  .. . 

3. FOOD  FO?  PEACE 

LOANS 

GRANTS 

TITLE  I-TOTAL 

?EPAY.  IN  l-LOANS 

PAY.  IN  FOR.  CURR 

TITLE  II-TOTAL 

5. RELIEF. EC. DEV  S  WFP, 

VOL. RELIEF  AGENCY 

C. OTHER  e:0N.  ASSIST.., 

LOANS 

GRANTS 

PEACE  CORPS 

NARCOTICS 

OTHER 


II.MIL.  ASSIST. -TOTAL. 

LOANS 

GRANTS 

A. MAP  GRANTS , 

3. CREDIT  FINANCING.. 
:.INTL  MIL.EO.TR»JS.  . 
D.TRAN-EXCESS  STOCK. 
E. OTHER  GRANTS , 


III. TOTAL  ECON.  5  MIL, 

LOANS , 

GRANTS , 


24.3 

53.5 

14.9 

0.0 

0.0 

0.0 

24.3 

53.5 

14.9 

11.6 

32.2 

12.7 

0.0 

0.0 

0.0 

11.6 

32.2 

12.7 

0.0 

18.0 

0.0 

11.1 

19.4 

0.0 

0.0 

0.0 

0.0 

11.1 

19.4 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

11.1 

19.4 

0.0 

10.3 

17.7 

0.0 

0.8 

1.7 

0.0 

1.6 

1.9 

2.2 

0.0 

0.0 

0.0 

1.6 

1.9 

2.2 

1  .6 

1.9 

2.2 

CD 

0.0 

0.0 

0.0 

0.0 

0.0 

0.1 

0.2 

0.2 

0.0 

0.0 

0.0 

0.1 

0.2 

0.2 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.1 

D.2 

0.2 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

24.4 

53.7 

15.1 

0.0 

0.0 

0.0 

24.4 

53.7 

15.1 

OTHER  US  LOANS. .. , 
EX-IM  BAN<  LOANS. 
ALL  OTHER 


0.0 
0.0 
0.0 


0.0 
0.0 

0.0 


0.0 
0.0 
0.0 


ASSISTANCE    FROM    INTERNATIONAL    AGENCIES 
1?34  1935  1986 


1946-86 


TOTAL 

96.1 

59.7 

82.9 

783.8 

I3SD 

0.0 

0.0 

0.0 

0.0 

if: 

0.0 

0.0 

0.0 

3.2 

IDA 

70.6 

19.5 

32.9 

431.3 

103 

0.0 

0.0 

0.0 

0.0 

AD3 

0.0 

O.D 

0.0 

0.0 

AF33 

21.5 

37.3 

0.0 

145.9 

UNOP 

4.0 

2.4 

0.0 

63.3 

OTHER-UN 

0.0 

0.0 

0.0 

19.0 

EEC 

3.0 

0.0 

0.0 

126.1 

194 


MAURITANIA 


Mauritania  is  governed  by  the  Military  Committee  for  National 
Salvation  (MCNS),  established  after  a  bloodless  1978  coup  which 
removed  the  civilian  president  and  abolished  the  parliamentary 
system  in  effect  since  independence  in  1960.   Colonel  Maaouya 
Ould  Sid'  Ahmed  Taya,  President  of  the  Committee,  is  Chief  of 
State.   He  assumed  power  after  the  ouster  of  the  former 
President,  Lt .  Colonel  Mohamed  Khouna  Ould  Haidalla,  on 
December  12,  1984.   All  23  members  of  the  Military  Committee 
retain  ministerial  portfolios  or  occupy  other  key  military  or 
government  positions.   In  effect,  the  President  functions  as  a 
"first  among  equals,"  since  decisionmaking  is  by  consensus. 

All  political  parties  and  opposition  groups  are  banned. 
Prospects  for  an  early  return  to  civilian  rule  on  the  national 
level  appear  remote.   In  the  absence  of  any  institutionalized 
consultative  process  between  the  Government  and  the  people,  the 
Structure  for  the  Education  of  the  Masses  (SEM)  was  created  on 
a  nationwide  basis  in  1982.   Organized  down  to  the  village  and 
neighborhood  level,  it  is  used  to  explain  government  policy, 
mobilize  manpower  for  self-help  projects,  and  air  grievances. 

In  1986  the  regime  took  the  first  tentative  steps  towards 
democratization  on  the  local  level.   Communal  elections  were 
held  in  Nouakchott  and  regional  capitals  in  December.   The 
authority  of  the  newly  elected  councils,  which  will  choose 
mayors  and  deputy  mayors  from  among  their  membership,  is 
limited  to  local  affairs.   While  political  parties  were  not 
permitted,  campaigning  in  the  municipal  elections  was  lively 
and  took  on  some  of  the  tone  and  color  of  political  debate. 
Despite  this  first  step  and  the  personal  popularity  of 
President  Taya,  the  governmental  institutions  remain  without  a 
broad  basis  of  support  and  provide  no  outlet  for  discontent, 
dissent,  or  even  meaningful  debate  of  national  policies. 

The  country  continues  to  face  daunting  economic  and  social 
problems:   desertification  and  other  aftereffects  of  prolonged 
drought;  increasing  racial  tensions;  massive  unemployment;  the 
highest  per  capita  debt  in  Africa;  poor  infrastructure; 
inadec[uate  health  and  education  systems;  and  a  mass  exodus  from 
the  rural  areas.   Although  adequate  rains  fell  in  1985  and 
1986,  the  1971-1984  drought  caused  a  massive  migration  of 
nomads  into  towns,  thereby  forcing  them  into  urban  refugee 
camps  and  severely  weakening  the  Maur  nomadic  culture. 

The  advent  of  the  Taya  regime  brought  some  human  rights 
improvements.   In  late  1984,  the  new  regime  released  and 
pardoned  all  political  prisoners  and  detainees  from  the 
Haidalla  regime.   President  Taya  also  publicly  espouses  a 
harmonious,  multiethnic  society.   However,  the  arrest,  trial, 
and  sentencing  in  1986  of  21  blacks  from  the  Toucouleur  ethnic 
group,  including  prominent  figures  in  politics,  media,  and 
education,  on  charges  of  sedition  and  threatening  national 
unity  raised  serious  questions  concerning  the  Government's 
attitude  towards  the  political  aspirations  of  black 
Mauritanians .   Many  see  these  arrests  as  evidence  of  the 
Government's  intention  to  maintain  the  domination  of  the  Maurs. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1     Respect  for  the  Integrity  of  the  Person,  Including 
Freedom  from: 

a.   Political  Killing 

There  were  no  reports  of  politically  motivated  killings. 


195 

MAURITANIA 

b.  Disappearance 

There  were  no  cases  of  politically  inspired  disappearances. 

c.  Torture  and  Cruel,  Inhuman,  or  Degrading  Treatment  or 
Punishment 

Mauritanian  law  prohibits  the  use  of  torture,  and  there  is  no 
evidence  that  it  was  practiced  in  1986.   However,  extended 
confinement  is  sometimes  used  to  encourage  self-incrimination. 
Some  political  prisoners  released  in  late  1984  charged  that 
they  had  been  tortured  under  the  previous  Haidalla  regime.   At 
the  beginning  of  l'^87,  there  were  reports  that  the  Toucouleur 
prisoners  had  been  denied  visits  by  family  members.   The 
Ministry  of  the  Interior  is  actively  cooperating  with  the  newly 
founded  Mauritanian  Human  Rights  League  to  ensure  the  proper 
treatment  of  detainees. 

d.  Arbitrary  Arrest,  Detention,  or  Exile 

Mauritanian  law  guarantees  expeditious  arraignment  and  trial, 
access  to  legal  counsel,  and  the  right  of  appeal.   However,  an 
inadequate  and  underfinanced  judicial  system  results  in 
suspects  being  held  regularly  for  long  periods  before  trial. 
Moreover,  under  legislation  enacted  before  the  1973  coup,  the 
authorities  have  the  prerogative  to  detain,  without  trial  or 
appeal,  anyone  judged  to  be  a  threat  to  national  security. 
Such  detainees  are  usually  confined  to  their  residences  but  can 
also  be  detained  in  prisons,  which  exist  in  both  Nouakchott  and 
Jereida  for  more  serious  cases. 

As  many  as  eight  government  officials  and  businessmen  closely 
associated  with  former  President  Haidalla  were  detained  along 
with  him  at  the  time  of  the  coup  in  1984.   Four  of  these  men, 
as  well  as  Haidalla,  are  still  under  house  arrest  or  in  prison, 
with  no  formal  charges  having  been  brought  against  them. 
Internal  exile,  loosely  supervised,  is  the  normal  method  for 
removing  opposition  from  the  political  arena. 

Although  the  Government  remains  opposed  to  slavery  and  has 
established  a  commission  to  implement  abolition  measures, 
notably  the  1980  Declaration,  vestiges  of  the  practice  still 
remain.   In  the  spring  of  1985,  the  United  Nations  Human  Rights 
Commission  released  a  report  on  slavery  in  Mauritania,  based  on 
a  1984  visit  by  a  commission  representative.   The  report 
criticized  the  continued  existence  of  slavery,  especially  in 
rural  areas,  but  acknowledged  the  Government's  intent  to 
eradicate  it,  e.g.,  through  government-sponsored  resettlement 
programs.   It  is  impossible  to  verify  an  estimate  of  the  number 
of  persons  remaining  in  servitude.   The  institution  still 
persists  largely  in  southern  Mauritania,  where  it  originated  in 
historic  conflicts  between  nomads  and  sedentary  groups.   Under 
the  form  of  slavery  in  Mauritania,  slaves  are  legally  free  to 
leave  but  most  do  not  either  because  their  ancestors  have 
worked  for  the  same  families  for  generations  without  pay  or 
because  of  economic  hardship  outside  the  system.   Freed  slaves 
may  choose  to  remain  in  servitude  in  exchange  for  bread  and 
board.   Slavery  and  the  acceptance  of  such  attitudes  are  deeply 
ingrained  by  historical  circumstances,  but  new  economic 
conditions  and  opportunities  can  engender  change.   The  drought 
has  had  a  tremendous  impact  on  slavery,  causing  many  Maurs  to 
release  their  slaves  because  of  the  deteriorating  economic 
situation.   There  is  no  commercial  market  for  slaves. 


196 


MAURITANIA 

e.  Denial  of  Fair  Public  Trial 

In  September  the  regime  arrested  21  prominent  Toucouleur  blacks 
for  protesting  Maur  domination  of  the  political  and  economic 
system.   They  had  circulated  a  political  manifesto,  entitled 
"Manifesto  of  the  Oppressed  Negro-Mauritanian" ,  embodying  their 
grievances  against  Arabization,  their  concerns  about  the 
adverse  effects  on  blacks  of  the  land  tenure  law,  and  their 
complaints  about  the  unrepresentative  and  undemocratic  nature 
of  the  Mauritanian  Government.   This  document  was  circulated 
outside  Mauritania.   The  detainees  were  charged  with  spreading 
falsehoods  and  hatred  and  calling  for  disorder.   They  committed 
no  known  acts  of  violence.   All  21  were  tried  and  given 
sentences  ranging  from  6  months  to  5  years,  to  be  followed  by 
10  years  of  internal  exile — unusually  harsh  penalties  in  a 
country  where  internal  exile  alone  is  the  preferred  method  of 
treating  political  prisoners  and  detainees.   Although  they  were 
assigned  defense  attorneys  and  were  tried  in  accordance  with 
Mauritanian  law,  they  were  apparently  guilty  only  of  nonviolent 
political  acts  and  thus  must  be  regarded  as  political 
prisoners.   Each  of  the  21  sentences  was  confirmed  on  October 
13  by  the  appeals  court.   Eighteen  other  persons  arrested  in 
the  course  of  the  public  disturbances  associated  with  the  trial 
of  the  Toucouleurs  are  currently  under  detention  awaiting 
trial.   A  large  number  of  Toucouleurs,  mostly  intellectuals  and 
professionals,  were  taken  into  custody,  questioned,  and 
released  during  September,  October,  and  November. 
Additionally,  in  the  wake  of  the  trials  some  ranking  Toucouleur 
officials,  including  the  Secretary  General  of  the  Ministry  of 
Defense  (since  reinstated),  were  dismissed  from  their  jobs. 

Former  President  Haidalla  released  a  number  of  political 
prisoners  shortly  before  his  ouster.   President  Taya,  in  late 
1984,  released  and  pardoned  all  remaining  political  prisoners 
from  the  Haidalla  regime.   Those  whose  goods  were  confiscated 
at  the  time  of  their  detention  had  their  belongings  restored  by 
the  Government.   Although  President  Taya  also  invited  all 
exiles  to  return  home  to  Mauritania,  only  a  limited  number  have 
done  so.   The  current  estimate  of  26  political  prisoners 
includes  former  President  Haidalla  and  4  of  his  supporters  and 
the  21  Toucouleurs  sentenced  in  September  1986. 

The  Shari'a  Islamic  Code,  as  instituted  in  Mauritania  in  1980, 
covers  adultery,  theft  of  personal  property,  and  murder.   A 
Muslim  judge  presides  over  a  jury  chosen  by  the  governor  of  the 
region.   The  defendant  has  a  right  to  counsel  and  can  appeal  a 
guilty  verdict  to  the  Supreme  Islamic  Court  within  15  days. 
Circumstantial  evidence  cannot  be  admitted  as  proof  of  guilt. 
Admission  of  guilt  is  sometimes  obtained  in  the  context  of  a 
promised  reduction  in  punishment.   Inability  to  convince  the 
sitting  magistrate  that  the  Government's  charges  are  in  error 
is  in  itself  considered  by  the  courts  as  a  legal  admission  of 
guilt,  as  is  the  convincing  testimony  of  a  firsthand  witness  or 
codefendant.   All  sentences  must  be  approved  by  the  President. 
Opposition  to  the  Shari'a  has  been  expressed  most  often  by 
blacks  and  women,  who  believe  that  the  Shari'a  code  favors  the 
Maur  way  of  life.   Although  a  strict  interpretation  of  the 
Shari'a  in  earlier  years  produced  communal  tension,  the  issue 
has  largely  passed  from  public  debate  due  to  moderate 
implementation. 

f .  Arbitrary  Interference  with  Privacy,  Family,  Home,  or 

Correspondence 

Government  interference  in  private  affairs,  save  in  instances 
where  treason  is  suspected,  is  limited.   Reflecting  the  nomadic 


197 


MAURITANIA 

penchant  for  privacy  and  the  sanctity  of  confidences,  the  lack 
of  sophisticated  equipment  to  undertake  surveillance,  and  the 
isolation  of  many  parts  of  the  country,  the  Government  normally 
limits  its  surveillance  to  patrols  on  major  highways, 
occasional  nighttime  inspections  of  vehicular  traffic,  and 
inspections  of  mail  suspected  of  containing  currency  or 
prohibited  items. 

Section  2  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press 

The  freedom  of  speech  and  press  is  restricted.   Political 
expression  is  tightly  controllec .   Most  Mauritanians  are 
careful  not  to  propagate  antigovernment  opinions.   Private 
discussion  is  lively  in  family  and  clan  networks,  which  act  as 
vehicles  for  communicating  complaints  and  airing  dissent,  as  do 
the  Structure  for  the  Education  of  the  Masses.   The  nomadic 
tradition  also  provides  for  candid  expressions  of  concern  to 
the  leadership.   In  fact,  both  Presidents  Taya  and  Haidalla 
invited  discussion  of  governmental  policies  from  local  leaders 
during  visits  to  rural  areas.   In  practice,  the  Government  is 
particularly  reactive  to  expressions  of  ethnic  or  racial 
discontent  and  criticism  of  the  regime's  basic  policies  or 
legitimacy,  as  evidenced  by  the  recent  convictions  of  the  black 
dissidents . 

Mauritania's  only  newspaper,  news  agency,  and  radio/television 
station  are  government  operated.   The  Government  does  not 
permit  criticism  of  its  policies  or  authority,  and  editorial 
content  of  the  media  is  controlled.   International  news 
magazines  and  newspapers  generally  circulate  freely  in 
Mauritania.   Shortwave  broadcasts  and  Senegalese  television  are 
followed  openly. 

b.  Freedom  of  Peaceful  Assembly  and  Association 

Freedom  of  assembly  has  been  suspended  since  1978  when  civilian 
rule  was  ended  by  a  military  coup.   The  Government  strictly 
enforces  its  prohibition  of  public  meetings  addressing 
political  themes.   In  September  minor  civic  disturbances, 
kindled  by  the  arrests  of  black  leaders,  were  suppressed 
swiftly  by  armed  police  and  the  use  of  tear  gas.   In  addition, 
as  part  of  the  large  scale  crackdown  on  the  Toucouleur 
community  carried  out  in  the  second  half  of  1986,  authorities 
banned  meetings  of  black  self-help  groups  and  cultural 
associations,  and  even  checked  on  large  black  family  gatherings 
such  as  weddings.   Later  in  the  year,  however,  large 
demonstrations  were  permitted  in  the  campaigns  for  communal 
councils . 

Labor  unions  were  the  only  nationwide  organizations  with  any 
political  impact  that  were  not  dissolved  following  the  1978 
coup.   Labor  unions  are  grouped  in  a  national  organization,  the 
Mauritanian  Workers  Union  (UTM),  which  is  allowed  a  large 
measure  of  freedom  in  its  organizational  efforts.   The  UTM  is 
associated  with  a  number  of  regional  and  international  labor 
organizations,  and  its  officials  are  permitted  to  travel  to 
attend  international  labor  meetings.   Union  leaders  are  free  to 
take  positions  on  international  labor  matters  within  the 
confines  of  Mauritania's  basic  foreign  policies. 

Individual  labor  unions  have  the  right  to  organize  but  are 
recognized  only  when  they  register  with  the  UTM  and  accept  an 


198 


MAURITANIA 

appointed  director  general.   Wages  are  set  through  an  informal 
bargaining  arrangement  involving  individual  unions,  the  UTM, 
employers,  and  the  Government.   Union  officials  claim  that 
total  union  membership  has  reached  30,000  members.   Union 
membership  is  not  universal;  workers  must  pay  an  annual 
membership  fee  of  $4,  but  the  Government  indirectly  finances 
most  union  activities.   The  right  to  strike  exists  in  theory, 
but  is  greatly  restricted  in  practice,  and  an  extended  strike 
would  probably  be  strongly  opposed  by  the  Government.   There 
have  been  two  brief  strikes  in  recent  years. 

c.  Freedom  of  Religion 

Islam  is  the  official  religion  of  Mauritania,  and  the  country's 
official  name  is  the  Islamic  Republic  of  Mauritania.   Virtually 
all  citizens  are  Muslim.   Proselytizing  and  the  construction  of 
churches  and  other  non-Islamic  houses  of  worship  are  prohibited 
without  government  permission.   Mauritania's  small  Roman 
Catholic  community  has  been  granted  permission  in  several 
instances  to  build  churches.   A  number  of  Catholic  churches 
operate  freely.   Mauritanian  Muslims  are  prohibited  from 
entering  non-Islamic  houses  of  worship  and  from  converting  to 
another  faith. 

d.  Freedom  of  Movement  within  the  Country,  Foreign 
Travel,  Emigration,  and  Repatriation 

There  are  no  restrictions  on  movement  within  the  country, 
although  travelers  are  frequently  subjected  to  routine  police 
checks.   Temporary  curfews  have  been  imposed  several  times 
during  emergency  situations,  most  recently  following  the  1984 
"restructuring"  of  the  Military  Committee  for  National 
Salvation.   As  a  result  of  the  endemic  drought,  large  numbers 
of  former  nomads  and  oasis  dwellers  have  migrated  to  urban 
areas,  swelling  the  population  of  the  towns  and  surrounding 
shanty  villages. 

In  1985  the  Government  ended  the  requirement  that  Mauritanians 
must  have  an  exit  visa  before  traveling  abroad.   A  few 
Mauritanian  officials  have  fled  the  country  because  of 
political  opposition  to  the  Government.   Conflict  in  the 
Western  Sahara  between  Morocco  and  the  Polisario  Front  has  led 
to  a  small  immigration  of  refugees  into  Nouadhibou  and  other 
northern  towns,  but  there  are  no  acknowledged  political 
refugees  in  Mauritania. 

Section  3   Respect  for  Political  Rights:  The  Right  of  Citizens 
to  Change  Their  Government 

Political  power  rests  in  the  hands  of  a  military  junta.   Ethnic 
diversity  is  marked,  and  the  sense  of  national  identity  weak. 
In  the  official  view,  underdevelopment  and  potential  ethnic 
conflicts  require  limits  on  political  rights.   Ethnically  based 
political  movements  are  particularly  feared,  as  shown  by  the 
strong  reaction  to  Toucouleur  dissidents  in  1986.   Black 
opponents  of  the  regime  accuse  it  of  forcibly  perpetuating  Maur 
dominance  of  the  political  system.   Many  observers  are 
convinced  that  the  Government  intends  to  ensure  Maur  dominance 
by  quickly  breaking  the  back  of  any  black  dissident  movement. 

The  Military  Committee  for  National  Salvation  remains  the 
"custodian  of  the  nation's  sovereignty."   All  executive  and 
legislative  functions  reside  with  this  Committee.   Membership 
is  limited  to  military  officers  and  is  automatically  conferred 


199 


MAURITANIA 

on  incumbents  of  ministerial  positions  and  important  military 
and  security  posts.   In  ethnic  terms,  the  MCNS  is  predominantly 
Maur,  although  several  blacks  are  members  as  well.   The  most 
prominent  black  on  the  MCNS  lost  his  position  in  the  wake  of 
the  1986  Toucouleur  arrests.   The  right  of  citizens  to  change 
their  Government  has  not  existed  since  1978,  when  Mauritania's 
military  ended  all  democratic  procedures  and  abolished  the 
country's  sole  political  party. 

As  promised  by  President  Taya,  municipal  elections  were  held  in 
December  1986.   Slates  of  candidates  for  communal  councils  were 
organized  in  Nouakchott  and  in  all  12  regional  capitals.   While 
in  a  few  cases  only  one  slate  came  forward,  the  elections  were 
generally  contested  by  several  slates  in  each  city.   The 
process  was  tightly  controlled — political  debate  on  national 
issues  was  forbidden,  and  the  makeup  of  the  slates  was  required 
to  reflect  ethnic  and  tribal  balances.   The  balloting  itself 
was  orderly  and  free  of  interference,  although  administrative 
problems  prevented  some  persons  from  voting.   Results  were 
announced  promptly.   The  communal  councils  elected  in  December 
will  choose  mayors  and  deputy  mayors  from  their  ranks.   The 
councils  are  new  institutions,  and  their  authorities  and 
relationship  to  the  central  administration  are  as  yet  unclear. 

December  1986  marked  the  first  time  contested  elections  have 
ever  been  held  in  Mauritania.   That  the  municipal  elections 
evinced  such  evident  enthusiasm  and  was  carried  out  in  an 
orderly,  successful  manner  may  auger  well  for  the  regime's 
stated  policy  of  a  gradual  return  to  civilian,  representative 
government  and  should  be  regarded  as  an  advance  in  human  rights 
terms . 

Section  4   Governmental  Attitude  Regarding  International  and 

Nongovernmental  Investigation  of  Alleged  Violations 
of  Human  Rights 

The  Government  is  sensitive  to  criticism  on  human  rights  and 
has  been  cooperative  with  the  U.N.  Human  Rights  Commission's 
working  group  on  slavery,  inviting  the  Comission  to  send  a 
representative  to  Mauritania  in  1984.   An  official  response  to 
the  Commission's  1985  report  is  scheduled  for  release  in  1987. 
The  Government  is  also  aware  of  continuing  Amnesty 
International  concerns  over  a  number  of  human  rights  issues. 
The  Taya  regime  gave  permission  in  1986  for  the  founding  of 
Mauritania's  first  organization  dedicated  to  the  protection  of 
human  rights,  the  Mauritanian  Human  Rights  League.   The 
League's  primary  concern  is  to  address  the  means  by  which  the 
Government  can  eliminate  the  last  vestiges  of  slavery  and 
provide  an  economic  basis  for  the  advancement  of  former 
slaves.   Other  stated  concerns  include  the  status  of  women's 
rights,  the  uniform  application  of  the  Shari'a  law,  and  the 
prevention  of  abuses  similar  to  those  which  occurred  under  the 
Haidalla  regime. 

Section  5  Discrimination  Based  on  Race,  Sex,  Religion, 
Language,  or  Social  Status 

Mauritania  is  situated  geographically  and  culturally  on  the 
divide  between  the  nomadic  Arabic-speaking  Maurs  of  the  north 
and  the  sedentary  blacks  of  the  African  south.   The  interaction 
of  these  two  groups  produces  the  complex  cultural  diversity 
which  fuels  ethnic/racial  tensions  inherent  in  Mauritanian 
society.   Recent  movements  of  the  nomads  to  the  south  as  a 
result  of  drought  have  greatly  exacerbated  tensions. 


200 


MAURITANIA 

culminating  in  the  1986  arrests  of  black  leaders. 
Historically,  and  since  independence  in  1960,  the  Maurs  have 
dominated  the  political  and  economic  system.   The  Maurs  claim 
they  are  still  a  demographic  majority,  whose  mother  tongue  is 
Hassaniya  Arabic,  but  blacks  believe  they  now  constitute  a 
majority  and  are  entitled  to  more  political  representation. 
There  are  no  statistics  to  back  up  either  claim,  although  most 
foreign  observers  believe  that  blacks  represent  a  substantial 
and  growing  proportion  of  the  population.   The  black  population 
is  represented  at  all  levels  of  government  but  is 
underrepresented  in  terms  of  its  proportion  of  the  population. 
Many  blacks  also  believe  that  Maur  domination  in  government, 
state  enterprises,  business,  and  religious  institutions  is  a 
result  of  racial  discrimination.   Their  grievances  include  such 
issues  as  language  (Arabization  and  the  use  of  French) , 
educational  opportunities,  and  land  reform.   A  controversial 
land  tenure  bill  is,  for  example,  viewed  by  some  as  a  means  by 
which  wealthy,  urban  Maurs  can  appropriate  profitable  land 
along  the  Senegal  River  basin,  traditionally  the  homeland  of 
Mauritania's  black  population. 

Although  Mauritanian  women  are  legally  free  to  participate 
fully  in  governmental  affairs  and  private  business,  traditional 
values  and  practices  limit  the  scope  of  their  activities.   A 
small  number  of  women  have  risen  to  important  positions  in  the 
fields  of  health  and  education  or  hold  midlevel  government 
positions.   Large  numbers  of  women  turned  out  both  as 
supporters  in  political  rallies  and  as  voters  in  the  December 
elections.   Even  though  few  women  were  candidates  on  the 
slates,  their  active  participation  in  the  political  process  is 
apparently  being  encouraged. 

CONDITIONS  OF  LABOR 

Mauritania,  with  a  population  estimated  at  1.8  million  and  an 
annual  growth  rate  approaching  3  percent,  has  one  of  the  lowest 
standards  of  living  in  the  world.   Its  economy  is  characterized 
by  a  sharp  contrast  between  the  modern,  internationally 
oriented  mining  and  fisheries  sector  in  the  north  and  central 
regions  and  the  very  underdeveloped  subsistence  livestock  and 
agricultural  sector  of  the  south,  in  which  the  majority  of  the 
population  is  engaged.   Although  estimates  for  unemployment 
vary  from  50  to  90  percent,  it  is  impossible  to  judge  the 
situation  accurately,  given  the  rural  nature  of  the  economy. 
Many  Mauritanian  workers  go  abroad  for  work,  but  Mauritania 
also  receives  substantial  numbers  of  workers  from  neighboring 
countries . 

While  education  is  not  compulsory  in  Mauritania,  no  child  may 
be  employed  before  the  age  of  14  without  the  express  permission 
of  the  Minister  of  Labor  and  National  Labor  Council.   The 
standard  minimum  age  of  employment  in  nonagricultural 
enterprises  is  15  years.   The  labor  code  does  not  address 
conditions  of  employment  for  family  members  in  agriculture  or 
animal  husbandry,  which  is  largely  outside  the  cash  economy  and 
accounts  for  95  percent  of  non-Government  economic  activity  in 
Mauritania.   Although  there  are  no  figures  available,  the  use 
of  child  labor  (except  in  the  family-owned  agricultural  sector) 
is  not  thought  to  be  widespread  due  to  massive  unemployment 
among  adult  males.   There  is  a  guaranteed  minimum  wage, 
established  in  1985  for  unskilled  workers  and  for  agricultural 
workers  and  in  1984  for  skilled  workers.   Information  on  actual 
wage  levels  is  scanty  and  often  unreliable. 


201 


MAURITANIA 


The  standard  nonagricultural  workweek  in  Mauritania  is  not  to 
exceed  40  hours,  nor  6  days  per  week.   Enforcement  of  labor 
laws  is  the  responsibility  of  the  labor  inspectorate.  Ministry 
of  Labor.   Disputes  over  labor  issues  are  heard  before  special 
three-person  labor  courts  which  are  overseen  jointly  by  the 
Ministries  of  Justice  and  Labor.   These  courts  are  regarded  by 
labor  union  leadership  as  unbiased  and  effective. 


202 


U.S.0VERSE4S 


•LOANS  AND  GRANTS-  OBLIGATIONS  AND  LOAN  AUTHORIZATIONS 
(U.S. FISCAL  YEARS  -  MILLIONS  OF  DOLLARS) 


COUNTRY:  MAURITANIA 


^93l^ 


1985 


1936 


I.ECON 

L 

G 

A. AID 

L 

G 

(SE 

3.F00 

L 

G 

TITLE 

?EPA 

PAY. 

TITLE 

E.RE 

VOL. 

C.OTH 

L 

6 


.  ASSIST. -TOTAL.. 

OANS.  .  . 

RANTS 


OANS 

RANT 

C.SU 

D  FO 

OANS 

RANT 

I-T 

Y.  I 

IN 

II- 

LIEF 

RELI 

ER  E 

OANS 

RANT 

PEA 

NAR 

OTH 


PP. ASSIST.)  .. 
R  PEACE 


S 

OTAL 

N  $-LOANS 

FOR.  CURR 

TOTAL , 

.EC.DEV  i  WFP, 

EF  AGENCY 

CON.  ASSIST.., 


CE  CORPS. 
COTICS.., 
ER , 


II.MIL.  ASSIST. -TOTAL, 

LOANS 

GRANTS , 

A. MAP  GRANTS , 

a. CREDIT  FINANCING.. 
:.INTL  MIL.ED.TRN3.. 
D.TRAN-EXCESS  STOCK, 
E. OTHER  GRANTS , 


III. TOTAL  ECON.  S  MIL, 

LOAMS , 

GRANTS , 


13.9 

20.3 

5.8 

0.0 

0.0 

0.0 

13.9 

20.3 

5.8 

4.9 

11.4 

4.1 

0.0 

0.0 

0.0 

4.9 

11.4 

4.1 

0.0 

0.0 

0.0 

7.4 

7.4 

0.0 

0.0 

0.0 

0.0 

7.4 

7.4 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

7.4 

7.4 

0.0 

5.5 

5.0 

0.0 

1.9 

2.4 

0.0 

1.6 

1.5 

1.7 

0.0 

0.0 

0.0 

1.6 

1.5 

1.7 

1.6 

1.5 

1.7 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.1 

0.1 

0.1 

0.3 

0.0 

0.0 

0.1 

0.1 

0.1 

0.0 

3.0 

0.0 

0.0 

0.0 

0.0 

0.1 

3.1 

0.1 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

14.0 

20.4 

5.9 

0.0 

0.0 

0.0 

14.0 

20.4 

5.9 

OTHER  US  LOANS.  .., 
EX-IM  bank;  LOANS. 
ALL  OTHER , 


0.0 

0.0 
0.0 


0.0 
0.0 
0.0 


0.0 
0.0 
0.0 


ASSISTANCE  FROM  INTERNATIONAL  AGENCIES 
1984      1985      1986 


1946-86 


TOTAL 

9.8 

32.6 

27.6 

452.0 

iai?D 

0.0 

0.0 

20.0 

146.0 

IFC 

0.0 

1  .2 

0.0 

19.1 

IDA 

8.1 

29.2 

7.6 

123.7 

103 

0.0 

0.0 

0.0 

.0.0 

AD3 

D.O 

0.0 

0.0 

0.0 

AFOB 

0.0 

1.3 

0.0 

38.4 

UNDP 

1.7 

0.9 

0.0 

21.9 

OHER-UN 

3.0 

0.0 

0.0 

6.6 

ee: 

0.0 

0.0 

0.0 

96.3 

203 


MAURITIUS 


Mauritius  is  a  small,  densely  populated  island  country  with  a 
functioning  parliamentary  democracy  modeled  after  that  of 
Great  Britain.   It  is  governed  by  a  Prime  Minister,  Council  of 
Ministers,  and  Legislative  Assembly.   The  Governor  General, 
with  largely  ceremonial  powers,  represents  Queen  Elizabeth  II, 
the  titular  Head  of  State.   Elections  at  national  and  local 
levels  take  place  at  regular  intervals.   There  are  five  major 
political  parties,  which  reflect  a  wide  range  of  ideological 
views,  and  several  smaller  parties.   Executive  power  has 
changed  hands  twice  in  the  last  5  years  through  fair  and 
orderly  elections  supervised  by  an  independent  commission. 
Municipal  elections  in  1985  returned  the  main  opposition  party 
to  power  in  Mauritius'  five  largest  cities. 

Mauritius  has  no  military  forces  and  depends  on  the 
paramilitary  700-man  Special  Mobile  Force  and  the  200-man 
Police  Riot  Unit  for  internal  security.   These  forces,  under 
the  command  of  the  Commissioner  of  Police,  are  apolitical, 
well-trained,  and  backed  by  a  general  duty  police  force  of 
approximately  4,000  men. 

Mauritius  has  a  mixed  economy,  based  on  sugar  production, 
tourism,  and  textiles,  with  a  strong  private  sector.   In  1986 
the  economy  continued  its  recovery,  registering  a  5.5  percent 
growth  rate  and  creation  of  some  20,000  jobs.   Mauritius 
maintained  readjustment  policies  in  line  with  assistance  from 
the  International  Monetary  Fund  and  the  World  Bank. 

Political  and  civil  rights,  including  the  freedoms  of  speech 
and  press,  are  protected  under  the  Mauritian  Constitution  and 
exercised  in  practice.   There  are  290  labor  unions  which  enjoy 
considerable  freedom  in  contract  negotiations  and  within  the 
political  arena,  although  their  right  to  strike  is  limited  by 
law.   Religious  freedom  is  respected  in  this  society  which  has 
large  Hindu,  Christian,  and  Muslim  populations.   An 
independent  judiciary  administers  a  legal  system  patterned  on 
the  British  model.   Since  independence  in  1968,  there  have 
been  no  reports  of  political  killings,  disappearance,  torture, 
or  degrading  treatment  of  prisoners. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  I   Respect  for  the  Integrity  of  the  Person,  Including 
Freedom  from: 

a.  Political  Killing 

There  were  no  reports  of  political  killings. 

b.  Disappearance 

There  were  no  reports  of  disappearance  of  persons  for 
political  causes. 

c.  Torture  and  Cruel,  Inhuman,  or  Degrading  Treatment  or 
Punishment 

Torture  and  inhuman  punishment  are  prohibited  by  law,  and 
there  were  no  reports  of  degrading  treatment  or  punishment. 
Prisons,  however,  are  badly  overcrowded.   The  situation  was 
exacerbated  in  1986  by  Government  efforts  to  cope  with 
increased  narcotics  trafficking.   According  to  local  press 
accounts,  over  1,000  people  were  arrested  during  the  period 


204 


MAURITIUS 

of  January-September  1986  for  possessing  narcotic  substances. 
Figures  are  not  available  for  the  nxomber  of  those  arrested  who 
were  subsequently  imprisoned.   The  Government  is  sensitive  to 
prison  conditions  and  is  publicly  committed  to  their 
improvement.   A  British  prisons  expert  arrived  in  September  to 
conduct  a  study  of  prison  conditions  and  make  recommendations 
to  the  Government  for  the  alleviation  of  current  problems. 

d.  Arbitrary  Arrest,  Detention,  or  Exile 

There  have  been  no  reports  of  arbitrary  arrests  or  detentions 
since  the  early  1970 's.   Detained  persons  have  the  right  to  a 
judicial  determination  of  the  legality  of  their  detention.   In 
practice,  this  determination  is  usually  made  within  24  hours. 
Bail  is  commonly  granted.   The  Supreme  Court  recently  ruled 
invalid  a  section  of  the  "Dangerous  Drugs  Act"  of  1986  which 
had  provided  that  any  person  arrested  under  the  provisions  of 
Clause  46  of  the  Act  could  be  detained  in  prison  until  the 
conclusion  of  the  judicial  process.   According  to  the  press, 
the  practice  of  incarcerating  those  found  in  possession  of 
narcotic  substances  was  established  in  September  1986.   The 
Supreme  Court  has  been  petitioned  to  rule  on  the 
constitutionality  of  Clause  46. 

Exile  is  legally  prohibited.  The  Constitution  prohibits  any 
form  of  forced  or  compulsory  labor. 

e.  Denial  of  Fair  Public  Trial 

Mauritius'  judicial  system,  modeled  on  that  of  Great  Britain, 
consists  of  the  Supreme  Court,  which  has  appellate  powers,  and 
a  series  of  lower  courts.   Final  appeal  may  be  made  to  the 
Queen's  Privy  Council  in  the  United  Kingdom  and  is  routinely 
made  in  the  case  of  death  sentences.   There  are  no  political 
or  military  courts.   The  legal  system  has  consistently 
provided  fair,  public  trials  to  those  charged  with  crimes. 
Defendants  have  the  right  to  private  or  court-appointed 
counsel.   The  judiciary  is  also  charged  under  the  Constitution 
with  ensuring  that  new  laws  are  consistent  with  democratic 
practice.   Commissions  of  Inquiry  are  frequently  established 
to  examine  various  issues  of  social  or  political  concern.   The 
commissions,  routinely  chaired  by  distinguished  jurists, 
conduct  hearings,  subpoena  witnesses,  and  present  their 
findings  to  the  Government  for  corrective  action  when 
wrongdoing  has  been  discovered.   Commission  proceedings  are 
conducted  in  public  and  reported  fully  by  the  press.   The 
findings,  however,  are  conveyed  to  the  Government  in 
classified  reports  that  are  not  routinely  made  public  unless 
or  until  the  Government  decides  to  take  action  against  an 
accused  party.   During  1986,  one  Commission  of  Inquiry 
examined  in  detail  the  operation  of  the  Public  Service 
Commission  for  local  governments,  a  body  charged  with  ensuring 
that  appointments  to  local  government  positions  are  made  on 
the  basis  of  merit  rather  than  as  a  result  of  political 
influence.   A  second  Commission  focused  on  drug  trafficking 
and  consumption.   It  is  unclear  whether  judicial  action  will 
result  from  evidence  gleaned  during  the  inc[uiry  on  drugs,  some 
of  which  concerns  parliamentarians  suspected  of  involvement  in 
drug  trafficking. 

■f .   Arbitrary  Interference  with  Privacy,  Family,  Home,  or 
Correspondence 

The  sanctity  of  the  home  is  guaranteed  by  law  and  generally 
respected  in  practice.   The  search  of  personal  property  or 


205 


MAURITIUS 

premises  is  allowed  only  under  clearly  specified  conditions  by 
court  order  or  by  police  decision  if  an  illegal  act  has  been 
committed.   There  have  been  reports  from  reliable  sources  that 
the  Government's  intelligence  apparatus  occasionally  opens 
mail  and  carries  out  surveillance  of  local  opposition  leaders 
and  other  major  figures. 

Section  2  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press 

Freedom  of  speech  and  press  is  protected  by  the  Constitution 
and  by  local  tradition.   Sixteen  privately  owned  daily, 
weekly,  and  monthly  newspapers  present  varying  political 
viewpoints  and  freely  express  partisan  views.   Newspapers  are 
subject  only  to  the  legal  constraints  of  libel  laws.   There  is 
one  television  station  and  two  radio  channels  (one  strictly 
educational)  broadcasting  in  five  languages.   The  television 
and  radio  are  reasonably  objective  in  news  and  entertainment 
presentation,  although  opposition  politicians  occasionally 
accuse  the  broadcasting  corporation  of  political  bias  in  its 
news  coverage.   Television  and  radio  broadcasts  are  also 
easily  received  from  the  nearby  island  of  Reunion  (a  French 
Department)  and  are  subject  to  no  interference  by  the 
Government.   However,  any  foreign  satellite  broadcasts,  or 
programs  from  foreign  sources,  which  are  considered 
"controversial"  are  subject  to  approval  by  the  Cabinet  of 
Ministers  before  transmission  on  local  television  or  radio. 

In  March  1985,  the  Legislative  Assembly  passed  an  act  which 
made  it  a  felony  to  charge  without  proof  in  speech  or  print 
that  a  government  minister  was  corrupt  in  exercising  official 
functions.   The  first  offense  brings  a  $600  fine;  the  second, 
3  years  in  prison.   Although  the  act  remains  in  force,  it  has 
yet  to  be  used  to  prosecute  anyone. 

b.  Freedom  of  Peaceful  Assembly  and  Association 

Mauritians  enjoy  the  right  to  form  associations,  including 
political  parties,  trade  unions,  and  religious  organizations. 
Mauritius  has  a  multitude  of  such  private  organizations. 
Political,  cultural,  and  religious  assemblies  are 
commonplace.   Although  police  permission  is  required  for 
holding  demonstrations  and  mass  meetings,  such  permission  is 
rarely  refused.   May  Day  rallies  held  in  1986  by  all  major 
political  parties  attracted  a  total  of  30,000  supporters. 

Mauritius  has  an  active  trade  union  movement.   Almost  300 
unions  represent  90,000  workers,  more  than  one-fourth  of  the 
work  force.   Unions  are  free  to  organize  workers  in  all 
sectors,  including  the  Export  Processing  Zone  (EPZ)  which 
employs  about  66,000  workers.   Unions  can  press  wage  demands, 
establish  ties  to  domestic  political  parties  and  international 
organizations,  and  address  political  issues.   One  leading 
federation  actively  supports  the  opposition  party.   The 
largest  confederation,  the  Mauritian  Labor  Congress,  is  a 
member  of  the  International  Confederation  of  Free  Trade 
Unions.   In  theory,  unions  have  the  right  to  strike.   However, 
in  labor  disputes,  the  Industrial  Relations  Act  requires  a 
prestrike,  21-day  cooling-off  period  followed  by  binding 
arbitration,  which  has  the  effect  of  making  most  strikes 
illegal . 


206 

MAURITIUS 

c.  Freedom  of  Religion 

There  is  no  official  state  religion  in  Mauritius.   Hindus, 
Christians,  Muslims,  Buddhists,  and  others  openly  practice, 
teach,  and  proselytize  their  religions  without  prejudice.   All 
religious  institutions  receive  state  subsidies  in  proportion 
to  their  memberships.   There  is  no  state-sanctioned 
discrimination  against  any  ethnic  or  religious  community. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign 
Travel,  Emigration,  and  Repatriation 

There  are  no  restrictions  on  full  freedom  of  movement  within 
the  country.   Foreign  travel,  emigration,  and  repatriation  are 
also  unrestricted. 

Section  3   Respect  for  Political  Rights:   The  Right  of  Citizens 
to  Change  Their  Government 

Mauritius  is  governed  by  a  freely  elected,  unicameral 
Legislative  Assembly,  with  executive  direction  coming  from  a 
Council  of  Ministers,  currently  headed  by  Prime  Minister 
Anerood  Jugnauth.   The  Governor  General  has  the  right  to 
designate  the  person  charged  with  forming  a  new  government 
following  parliamentary  elections  or  a  parliamentary  crisis. 
Parliamentary,  municipal,  and  village  council  elections  are 
held  at  regular  intervals.   Voting  and  running  for  office  are 
rights  of  all  citizens  18  years  of  age  and  over.   In  the 
Legislative  Assembly,  8  of  the  70  members  are  appointed 
through  a  complex  "best  loser"  system  designed  in  part  to 
ensure  that  all  ethnic  groups  are  adequately  represented.   The 
governing  coalition  consists  of  5  parties  and  officially 
controls  a  majority  of  the  70  seats.   Political  parties  often 
match  the  ethnicitj^  or  religion  of  their  candidates  to  the 
composition  of  particular  electoral  constituences .   There  have 
been  allegations  that  certain  groups,  including  Muslims,  are 
underrepresentated  in  the  civil  service.   The  December  1985 
elections  were  supervised  by  an  independent  commission  and 
were  preceded  by  intense  campaigning,  including  regular  public 
rallies . 

Section  4   Governmental  Attitude  Regarding  International  and 

Nongovernmental  Investigations  of  Alleged  Violations 
of  Human  Rights 

There  have  been  no  known  requests  by  international 
organizations  to  investigate  human  rights  violations  in 
Mauritius.   Amnesty  International  maintains  two  branches  in 
Mauritius.   There  are  several  local  human  rights  groups  which 
address  the  internal  situation  in  Mauritius  without  government 
intrusion. 

Section  5  Discrimination  Based  on  Race,  Sex,  Religion, 
Language,  or  Social  Status 

Women  in  Mauritius  participate  in  all  types  of  political, 
business,  and  social  activities,  and  a  few  hold  important 
positions.   Nonetheless,  traditional  ethnic  and  religious 
attitudes  prevent  women  from  achieving  true  parity:   For 
example,  only  4  of  70  parliament  members  and  1  of  19  ministers 
are  women.   The  Mauritian  Government  seeks  to  improve  the 
status  of  women,  and  recent  amendments  to  laws  ranging  from 
emigration  to  inheritance  have  removed  sex  discriminatory 
sections.   An  interministerial  committee  headed  by  the 


207 


MAURITIUS 

Minister  of  Women's  Rights  and  Family  Welfare  (a  woman)  was 
formed  in  April  1985  to  address  remaining  discriminatory 
elements  in  local  laws  and  practices.   Discriminatory  laws  and 
regulations  remain  include  a  prohibition  against  women  serving 
on  juries  and  in  the  national  pension  scheme. 

Although  the  Ministry  of  Women's  Rights  and  Family  Welfare  was 
made  into  a  combined  portfolio  with  labor  and  industrial 
relations  in  1986,  the  Ministry  of  Women's  Rights  and  Family 
Welfare  still  receives  one  of  the  smallest  ministerial 
allocations — only  $380,000  in  the  1986-87  budget.   The 
illiteracy  rate  for  women  (20  percent  in  1983)  is  about  twice 
that  of  men.   While  women  are  highly  sought  for  employment  in 
manufacturing  plants,  they  tend  to  occupy  the  less  skilled  and 
lower  paid  positions  and  are  particularly  susceptible  to 
layoffs  during  economic  downturns.   The  average  industrial 
salary  for  women  is  about  50  percent  that  of  men.   The 
Minister  for  Labor  and  Industrial  Relations,  Women's  Rights 
and  Family  Welfare  has  indicated,  however,  that  middle 
management  training  for  women  is  one  of  her  ministry's 
priorities . 

CONDITIONS  OF  LABOR 

Conditions  of  employment  in  Mauritius,  including  wage  and 
leave  conditions,  are  generally  sufficient  to  afford  an 
acceptable  standard  of  living  for  workers  in  the  agricultural, 
service,  and  manufacturing  sectors.    Government,  private 
welfare  groups,  and  labor  unions  serve  as  watchdogs  on 
potential  employer  abuses.   A  maximum  workweek  of  45  hours  is 
allowed,  and  children  below  the  age  of  14  cannot  be  legally 
employed,  although  scattered  cases  of  child  labor  have  been 
reported.   The  Government  mandates  minimum  wage  increases  each 
year  based  on  inflation.   It  also  operates  an  unemployment 
insurance  program  and  a  social  security  fund,  although  an 
effective  social  safety  net  does  not  yet  exist.   The  rapid 
transfer  of  workers  out  of  traditional  sectors  into  the 
industrial  work  force  has  caused  some  social  displacement,  and 
occasional  disputes  have  arisen  between  workers  and 
employers — especially  foreign  managers — in  the  EPZ  and  other 
industrial  sectors.   These  growing  pains  seem  to  be  declining 
as  foreign  employers  adjust  to  their  Mauritian  workforce  and 
new  workers  learn  industrial  discipline. 


208 


U.S. OVERSEAS  -LOANS  AND  GRANTS-  OBLIGATIONS  AND  LOAN  AUTHORIZATIONS 
(U.S. FISCAL  YEARS  -  MILLIONS  OF  DOLLARS) 


COJNTRf:  MAURITIUS 


1984 


1935 


1986 


I.ECON. 
LO 
6R 
A.  AID 
LO 
GR 
(SEC 
B.FOOD 
LO 
GR 
TITLE 
REPAY 
PAY. 
TITLE 
E.REL 
VOL.R 
C.OTHE 
LO 
GR 


ASSIST. -TOTAL.. 

ANS 

ANTS 


ANS 

ANTS 

.SUPP. ASSIST.).. ■ 

FOR  PEACE 

ANS 

ANTS 

1-TOTAL 

.  IN  $-LOANS...., 

IN  FOR.  CURR 

II-TOTAL 

lEF.EC.OEV  ■>A  WFP. 
ELIEF  AGENCY.. .. , 
R  ECON.  ASSIST... 

ANS 

ANTS , 

PEACE  CORPS 

NARCOTICS , 

OTHER , 


II.MIL.  ASSIST. -TOTAL... 

LOANS 

GRANTS 

a. MAP  GRANTS 

B. CREDIT  FINANCING.... 
C.INTL  MIL.ED.TRNG.... 
5.TRAN-EKCESS  STOCK... 
E. OTHER  GRANTS 


III. TOTAL  ECON. 

LOANS 

GRANTS.... 


MIL..  . 


4.3 

7.2 

2.1 

0.3 

0.0 

0.0 

4.8 

7.2 

2.1 

4.0 

7.2 

2.1 

0.0 

0.0 

0.0 

4.0 

7.2 

2.1 

4.0 

7.0 

1.9 

0.8 

0.0 

0.0 

0.0 

0.0 

0.0 

0.8 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.8 

3.0 

3.0 

0.8 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.3 

0.0 

0.0 

0.0 

0.0 

,  0.0 

0.0 

0.0 

0.0 

O.D 

0.0   / 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.3 

0.0 

0.0 

0.0 

0.0 

0.0 

4.8 

7.2 

2.1 

0.0 

3.0 

0.0 

4.3 

7.2 

2.1 

TOTAL 

65.1 

1.1 

36.0 

315.8 

I3R0 

60.2 

0.0 

30.0 

226.2 

if: 

0.0 

0.0 

6.0 

6.5 

IDA 

0.0 

0.0 

0.0 

20.2 

ID3 

3.0 

0.0 

0.0 

0.0 

A03 

0.0 

0.0 

0.0 

0.0 

AFDB 

4.2 

0.0 

.  0.0 

24.0 

UNDP 

0.7 

1.1 

0.0 

15.3 

OHER-UN 

3.0 

o.'o 

0.0 

2.3 

EEC 

0.0 

0.0 

0.0 

21.3 

/ 


OTHER  US  LOANS..........           0.0 

0.0       0.0 

EX-IM  BANK  LOANS 0.0 

ALL  OTHER 0.3 

0.0       0.0 
0.0       0.0 

ASSISTANCE  FROM  INTERNATIONAL  AGENCIES 
1934      1985      1986 

1946-86 

209 


MOZAMBIQUE 

Mozambique  gained  independence  from  Portugal  in  1975  following 
a  decade  of  guerrilla  warfare  waged  by  the  Front  for  the 
Liberation  of  Mozambique  (FRELIMO) .   The  political  bureau  of 
FRELIMO,  the  only  party  allowed,  is  the  key  decisionmaking 
organ,  and  it  articulates  government  policies.   Following 
President  Samora  Machel's  death  in  an  aircraft  crash  October 
19,  the  Central  Committee  of  FRELIMO  elected  Foreign  Minister 
Joaquim  Chissano  as  the  new  President  and  head  of  FRELIMO.   The 
President  appointed  a  new  Council  of  Ministers  which  is 
responsible  for  the  day-to-day  operations  of  the  Government. 
The  security  forces  include  the  military,  the  People's  Forces 
for  the  Liberation  of  Mozambique  (FPLM);  and  the  Mozambican 
Security  Service  (SNASP) .   A  self-proclaimed  nonaligned, 
nationalist,  and  Marxist-Leninist  party  at  independence, 
FRELIMO' s  approach  is  increasingly  pragmatic,  aimed  at  dealing 
with  the  economic  and  political  realities  of  catastrophic 
drought  and  growing  civil  war,  which  together  have  uprooted 
thousands  of  people,  destroyed  much  of  the  economic  and  social 
infrastructure,  and  caused  widespread  casualties. 

Since  the  late  1970 's  the  Mozambican  National  Resistance 
(RENAMO)  has  waged  an  increasingly  violent  guerrilla  war 
against  the  Government.   The  insurgents'  preferred  target  is 
the  economic  infrastructure,  but  their  tactics  have  resulted  in 
the  deaths  of  thousands  of  civilians.   Little  is  known  about 
its  popular  support  or  its  political  aims,  but  RENAMO  claims  to 
have  20,000  troops,  and  in  the  past  2  years  it  has  become 
active  in  all  Mozambican  provinces.   Originally  RENAMO  was  the 
creation  of  Ian  Smith's  Rhodesian  regime;  more  recently,  it  has 
received  extensive  support  from  South  Africa.   The  Government 
has  responded  to  the  growing  insurgency  by  applying  aggressive 
security  measures  of  its  own  and  seeking  diplomatic  and 
military  help  from  neighboring  states,  principally  Zimbabwe, 
which  in  December  1986  had  over  6,000  combat  troops  in 
Mozambique.   Earlier,  the  Machel  Government  attempted  to  cut 
off  South  African  assistance  to  RENAMO  through  the  March  1984, 
Nkomati  Accord  with  South  Africa  which  committed  both  countries 
to  cease  hostile  acts  against  the  other  and  to  search  for  ways 
to  increase  economic  cooperation.   At  the  end  of  1986, 
President  Chissano  accused  South  Africa  of  airlifting  supplies 
to  RENAMO  forces  in  violation  of  this  nonaggression  pact.   On 
the  economic  front,  to  meet  the  growing  threat  of  famine  and 
spiraling  inflation,  the  Government  turned  to  the  West  for  food 
aid  and  economic  assistance,  and  the  President  announced  he 
would  institute  a  major  economic  "austerity"  program. 

Against  this  background,  the  overall  human  rights  situation 
deteriorated  in  1986  due  to  the  insurgency.   By  the  end  of 
1986,  nearly  1  million  Mozambicans  of  a  population  of  14 
million  had  fled  either  to  the  cities  or  to  neighboring 
countries.   In  September  alone,  over  400,000  persons  were 
displaced.   In  addition  to  abuses  by  RENAMO  forces,  FPLM  and 
SNASP  forces  committed  excesses  against  civilians.   There  have 
been  no  reports  of  public  and  summary  executions  by  the 
Government  since  1983,  but  there  are  continuing  allegations  of 
torture  by  both  guerrilla  and  government  forces. 

Despite  the  difficult  circumstances,  the  first  elections  since 
1977  took  place  between  August  15  and  December  15,  1986,  to 
choose  representatives  to  local,  district,  provincial,  and 
national  people's  assemblies.   The  elections  were  held  within 
the  framework  of  the  country's  one-party  system. 


210 

MOZAMBIQUE 


RESPECT  FOR  HUMAN  RIGHTS 


Section  1  Respect  for  Integrity  of  the  Person,  Including 
Freedom  From: 

a.  Political  Killing 

The  continuing  war  between  the  Government  and  RENAMO  has  led  to 
the  death  of  many  Mozambicans  as  well  as  a  number  of  foreign 
civilians.   Precise  figures  are  unavailable,  and  both  sides 
exaggerate  accusations  against  each  other.   The  total  number  of 
fatalities  over  the  past  few  years  is  certainly  in  the 
thousands.   The  insurgents  in  particular  have  been  brutally 
violent,  mutilating,  killing,  maiming,  and  kidnaping  their 
victims.   For  example,  according  to  reliable  reports,  RENAMO 
ambushed  a  commercial  bus  in  February,  killing  7  unarmed 
civilians  and  wounding  20.   RENAMO  also  killed  a  number  of 
civilians  during  August  and  September,  apparently  in  an  effort 
to  impede  the  electoral  process  through  intimidation.   RENAMO 
has  charged,  however,  that  on  several  occasions  FRELIMO  forces 
perpetrated  killings  of  civilians  and  then  blamed  the  killings 
on  RENAMO.   In  addition,  there  is  a  large  gray  area  involving 
killings  by  actual  bandits  or  renegade  FPLM  or  RENAMO 
personnel,  such  as  in  1986  actions  in  Matola,  Machava,  and 
Catembe  near  Maputo.   Indiscipline  among  both  RENAMO  and  FPLM 
forces  remains  a  major  problem.   The  Government  has  continued 
aggressive  efforts  to  combat  RENAMO,  and  government  military 
operations  have  reportedly  resulted  in  the  killing  of  civilians 
in  contested  areas. 

Amnesty  International's  1986  Report  (covering  1985)  notes  that 
it  had  received  reports  of  killings  and  mutilations  of  captives 
by  both  government  and  opposition  forces.   The  Council  of 
Catholic  Bishops  in  Mozambique  has  publicly  decried  the 
violence  perpetrated  against  the  civilian  population  by  both 
sides.   In  1986  the  Government  halted  public  execution  of 
insurgents  and  those  convicted  of  economic  sabotage  or  other 
crimes  against  the  State. 

b.  Disappearance 

There  were  no  confirmed  reports  of  government-perpetrated 
disappearances.   However,  the  Government's  commitment  to  the 
prompt  notification  of  relatives  and  friends  of  detained 
persons  remains  suspect,  and  it  is  often  impossible  to  know 
whether  a  person  has  disappeared  or  is  in  detention.   Security 
forces,  operating  under  security  legislation,  sometimes  hold 
detainees  incommunicado  for  extended  periods,  despite  the  fact 
that  detainees  have  the  legal  right  to  contact  their  relatives 
and  to  receive  visitors.   The  Government's  observance  of  this 
right  improved  in  1986,  mainly  due  to  President  Machel ' s  public 
campaign  in  1985  to  safeguard  the  legal  rights  of  detainees. 

RENAMO  has  reportedly  abducted  thousands  of  rural  villagers  and 
continued  these  kidnapings  throughout  1986.   Some  of  these 
people  were  released  after  being  required  to  transport 
materials  or  perform  other  tasks.   Others  were  held  permanently 
in'  rural  areas  outside  of  formal  government  control.   RENAMO 
also  increased  the  kidnaping  of  foreigners,  but  in  August  it 
released  5  Portuguese  and  Italian  nuns,  and  in  December  another 
65  hostages.   RENAMO 's  seizure  of  foreign  personnel  seriously 
stymied  U.N.  and  other  donor  food  relief  efforts. 


211 


MOZAMBIQUE 

c.  Torture  and  Cruel,  Inhuman,  or  Degrading  Treatment  or 
Punishment 

In  the  early  years  after  independence,  according  to  nximerous 
reports,  political  prisoners  at  remote  government-organized 
"reeducation  camps"  were  brutally  bound,  beaten,  and  often 
killed.   These  camps  were  used  to  intern  political  prisoners 
and  "antisocial  elements."   Starting  in  1979,  however,  the 
Government  promulgated  laws  establishing  a  formal  judicial 
system.   In  1981  President  Machel  declared  that  henceforth  no 
one  would  be  sent  to  a  reeducation  camp  without  due  process. 
Also  in  1981,  the  President  launched  the  "offensive  for 
legality,"  which  led,  inter  alia,  to  the  firing  of  a  number  of 
security  and  defense  force  members  for  abusing  prisoners. 

Most  observers  believe  there  were  fewer  instances  of  torture  in 
1986,  thus  maintaining  a  downward  trend.   Nevertheless,  there 
were  new  reports  in  1986  of  capricious  and  cruel  treatment  by 
some  members  of  the  security  and  defense  forces.   Amnesty 
International's  1986  Report  noted  that  harsh  beatings, 
inflicted  with  a  variety  of  instruments,  were  the  most 
frequently  reported  form  of  torture  in  1985.   In  this 
connection,  the  Government  reintroduced  the  practice  of 
flogging  (for  example  as  punishment  for  economic  crimes),  and 
flogging  is  used  extensively  in  rural  areas  where  incarceration 
is  difficult.   Ministry  of  Justice  officials  have  publicly 
condemned  excessive  and  illegal  floggings. 

According  to  numerous  reports,  including  Amnesty 
International's  1986  Report,  RENAMO  has  tortured,  maimed,  and 
mistreated  both  military  prisoners  and  civilians.    A 
frequently  reported  RENAMO  technique  is  to  cut  off  the  noses, 
ears,  and  lips  of  civilians  believed  by  the  insurgents  to 
sympathize  with  the  Government.   Thousands  of  Mozambicans  have 
undergone  such  disfigurement. 

Prisons  in  Mozambique  are  generally  overcrowded  and  marked 

by  inadequate  food,  hygiene,  and  medical  care.   The  Government 

has  sought  foreign  assistance  to  improve  prison  conditions. 

d.  Arbitrary  Arrest,  Detention,  or  Exile 

Since  1979  two  separate  legal  systems  have  existed.   One  is  the 
regular  civil/criminal  system  composed  of  the  judiciary 
(courts)  and  a  police  force  under  the  authority  of  the  Ministry 
of  the  Interior.   The  other,  characterized  in  its  initiating 
legislation  as  transitional,  is  the  military-run  State  Security 
System,  which  incorporates  the  Ministry  of  National  Security 
(SNASP).   This  latter  system,  established  to  deal  with  the 
growing  armed  insurgency,  has  jurisdiction  over  both  political 
and  economic  (sabotage)  crimes  against  the  State.   These  two 
systems  operate  separately  and  are  subject  to  separate  controls. 

Under  the  State  Security  System,  all  investigations  and  arrests 
are  carried  out  by  SNASP,  and  detainees  may  be  held 
indefinitely,  often  incommunicado,  without  formal  charges. 
SNASP  has  the  power  to  conduct  pretrial  inquiries  without 
reference  to  an  investigating  judge.   Amnesty  International  has 
recommended  that  SNASP ' s  power  to  detain  persons  be  drastically 
reduced  because  such  unlimited  authority  invites  abuse  and 
leads  to  prisoner  mistreatment.   There  are  no  reliable 
estimates  of  the  numbers  of  persons  detained  for  political 
reasons.   Amnesty  International  estimated  that  there  were 
approximately  4,000  to  5,000  RENAMO  detainees  at  the  beginning 
of  1986,  a  figure  the  Government  has  publicly  acknowledged. 


212 


MOZAMBIQUE 

Under  the  regular  civil/criminal  court  system,  persons  accused 
of  the  most  serious  crimes  can  be  detained  up  to  84  days 
without  investigation,  and  then  such  detainees  can  be  held  for 
two  additional  periods  of  84  days  with  the  approval  of  the 
court  while  the  police  complete  their  investigation.   While 
being  held  for  investigation,  a  detainee  has  the  right  to 
counsel  and  to  contact  relatives  or  friends.   In  practice, 
these  procedures  are  not  always  followed,  and  legal  counsel  is 
frequently  not  available.   In  some  cases,  detainees  may  be 
released  from  prison  while  the  investigation  proceeds,  but  the 
bail  system  in  Mozambique  remains  ill-defined.   If  the 
prescribed  period  for  investigation  has  been  completed  and  no 
charges  have  been  brought,  the  detainee  must  be  released. 

In  1985,  as  part  of  the  "offensive  for  legality,"  the 
Government  set  up  a  judicial  inspectorate  to  help  supervise  the 
administration  of  courts  and  prisons.   During  1986  the  Ministry 
of  Justice  continued  its  effort  to  ensure  that  detainees  held 
by  police  were  afforded  access  to  government-provided  legal 
assistance.   The  Ministry  of  Justice  also  launched  programs  to 
publicize  basic  laws  and  the  rights  of  defendants,  families, 
and  children,  and  to  conduct  seminars  on  human  rights 
throughout  the  country.   During  1986  there  were  no  reports  of 
anyone  being  exiled  from  Mozambique. 

As  far  as  is  known,  compulsory  labor  is  not  practiced  in 
Mozambique,  although  RENAMO  reportedly  uses  captive  labor  to 
carry  out  supply  and  other  support  functions. 

e.  Denial  of  Fair  Public  Trial 

Nonpolitical  trials  conducted  by  the  regular  civil/criminal 
court  system  are  generally  fair  and  are  held  in  public.   At  the 
local  level  they  are  often  conducted  in  a  public  place  in  the 
village  where  the  crime  was  allegedly  committed  to  encourage 
public  attendance  and  participation.   The  proceedings  are 
conducted  by  a  trained  representative  of  the  Ministry  of 
Justice,  assisted  by  two  or  four  popularly  elected  "judges." 
Since  the  legal  knowledge  of  those  involved  is  limited,  they 
are  instructed  to  exercise  common  sense  and  to  apply  locally 
accepted  principles.   These  courts  can  handle  only  minor 
offenses;  more  serious  crimes  are  judged  in  People's  Courts  at 
the  district  and  provincial  levels.   District  and  provincial 
trials  are  also  open  to  the  public,  except  in  certain  cases 
such  as  rape,  where  the  defendant  can  request  a  closed  trial. 
Persons  convicted  of  a  serious  crime  have  the  automatic  right 
of  appeal  to  the  next  higher  court.   There  is  a  Superior  Court 
of  Appeals  in  Maputo. 

Prisoners  charged  with  crimes  against  the  State  are  tried  by 
the  Revolutionary  Military  Tribunal.   These  trials  are  held  in 
camera,  and  there  is  no  recourse  of  appeal.   In  general, 
treatment  of  RENAMO  prisoners  is  not  known.   However,  there  is 
a  model  prison  for  them  in  Inhambane  where  they  receive 
training  in  various  skills.   The  length  of  detention  of  such 
prisoners  is  not  known. 

f .  Arbitrary  Interference  with  Privacy,  Family,  Home,  or 
Correspondence 

While  the  party  apparatus  is  a  vehicle  for  monitoring  daily 
life,  in  practice  there  is  no  gross  interference  with  family 
affairs.   However,  especially  in  areas  of  active  insurgency, 
homes  are  entered  at  will  by  security  or  police  forces.   It  is 
widely  assumed  that  surveillance  devices  are  employed  to 


213 


MOZAMBIQUE 

monitor  the  local  and  international  telecommunications 
systems.   There  have  also  been  reports  of  tcimpering  with  mail, 
especially  mail  from  abroad.   Regular  foreign  broadcasts  are 
received  without  interference,  and  there  is  no  official 
restriction  on  listening  to  them. 

While  people  are  not  forced  to  belong  to  FRELIMO,  there  is  an 
obvious  correlation  between  professional  advancement  and  party 
membership.   Nonparty  members  are  also  occasionally  compelled 
to  attend  political  indoctrination  meetings  where  they  work  or 
live,  although  in  most  private  firms  such  meetings  apparently 
cannot  be  called  without  the  consent  of  the  employer. 

Section  2   Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press 

There  is  little  tolerance  for  public  criticism  of  basic 
government  policies  and  officials  at  the  national  level.   At 
the  local  level,  especially  in  rural  areas,  there  is  greater 
openness  as  the  people  express  their  views  on  prevailing 
conditions.   In  a  public  meeting  in  Matola,  for  example, 
residents  criticized  the  armed  forces  for  lack  of  security  at 
night . 

The  Government  exerts  either  tacit  or  de  facto  control  over  all 
authorized  publications  in  the  country,  ranging  from  the  radio 
and  experimental  television  facilities  to  the  nominally 
independent  daily  Noticias.   Although  the  media  promote  the 
Government's  general  philosophy  and  its  positions  on  issues, 
there  is  controlled  reporting  on  abuses  within  the  system  or 
flaws  in  the  implementation  of  government  policies  in  those 
areas  where  the  Government  has  admitted  to  errors  or  wishes  to 
initiate  changes.   Magazines  and  newspapers  frequently  contain 
articles  or  letters  to  the  editor  complaining  about  the  lack  of 
goods  and  social  services  or  the  ineffectiveness  of  a 
particular  official.   During  August  and  September,  the  media 
reported  a  number  of  critical  exchanges  between  local  electoral 
candidates  and  voters. 

Western  journalists  (including  Americans)  are  welcome  in 
Mozambique,  and  the  Government  generally  works  to  make  their 
visits  productive. 

b.  Freedom  of  Peaceful  Assembly  and  Association 

Political  opposition  to  the  Government  and  to  FRELIMO  is  not 
permitted.   Public  meetings  other  than  purely  social  or 
recreational  gatherings  are  controlled  by  the  local 
authorities.   The  right  of  Mozambicans  to  come  together  to  form 
voluntary  associations  is  limited;  local  economic  cooperatives 
and  social  organizations  such  as  sporting  groups  are 
encouraged,  but  politically  oriented  associations  are 
proscribed.   The  Government  has  organized  several  "mass 
movements"  for  women,  youth,  workers,  etc.,  and  utilizes  them 
to  motivate  and  receive  "feedback"  from  the  general  population. 
There  are  also  several  professional  associations,  such  as  the 
Mozambican  writers'  association,  which  are  linked  to  the 
party.   Although  membership  in  these  organizations  is 
theoretically  voluntary,  there  is  occasional  pressure  to  join. 

The  formation  of  independent  labor  unions  is  not  permitted,  and 
strikes  are  forbidden.   In  1983  the  Government  established  the 
Mozambique  Workers'  Organization  which  was  intended  to  function 
as  a  national  labor  union  under  FRELIMO  guidance.   An 


214 


MOZAMBIQUE 

independent  organized  union  movement  has  yet  to  develop,  and 
the  Mozambique  Worker's  Organization  has  little  influence  on 
economic  policy  or  politics.   There  are  occasional  exchanges  of 
delegations  in  the  labor  field  with  other  countries,  most  often 
with  Eastern  European  countries,  but  also  with  Western  nations, 
including  the  United  States. 

c.  Freedom  of  Religion 

Although  the  Constitution  guarantees  freedom  of  religion  and 
separation  of  church  and  state,  the  Government  has  placed 
restrictions  on  the  activities  of  religious  groups.   It 
reserves  the  right  to  decide  whether  individual  church 
buildings  can  be  utilized  and  has  nationalized  church  schools 
and  hospitals.   However,  the  improvement  in  church/state 
relations  which  began  several  years  ago  continued  in  1986,  and 
organized  religions  now  operate  without  official  harassment. 
Pastoral  letters  issued  in  1986  by  the  Catholic  bishops  which 
were  critical  of  governmental  policies  circulated  widely 
without  reprisals  by  the  authorities.   In  addition,  the 
government-published  TEMPO  magazine  contained  two  articles 
which  dealt  with  the  productive  role  played  by  Protestant 
churches  recently  in  Mozambican  society.   Some  churches  are 
effective  in  social  work  and  in  acting  as  channels  for  the 
distribution  of  emergency  food  donations  to  the  poorest  regions 
of  the  country. 

Although  the  Government  reserves  the  right  to  decide  whether 
individual  clergy  can  visit  outlying  areas,  it  usually  allows 
such  travel  in  connection  with  pastoral  duties;  most  churches 
are  open,  and  services  are  well  attended.   The  Muslims  have 
also  been  allowed  to  establish  a  national  organization,  resume 
religious  training,  reopen  mosques,  and  send  groups  on 
pilgrimages  to  Mecca.   Party  members  are  no  longer  specifically 
prohibited  from  membership  in  a  church  or  mosque.   Critical 
comments  regarding  religious  beliefs  by  the  Government  are 
almost  always  general  in  nature  and  not  directed  against 
specific  individuals  or  churches. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign 
Travel,  Emigration,  and  Repatriation 

Travel  and  relocation  within  the  country  are  controlled  by 
security  and  employment  requirements  under  the  rationale  of 
assuring  public  and  social  order.   The  insurgency  makes  travel 
in  some  areas,  particularly  in  the  central  provinces  of  Tete, 
Zambezia,  and  Sofala,  very  difficult.   Mozambicans  planning  to 
travel  outside  their  place  of  residence  must  obtain  a  travel 
permit  from  local  government  authorities.   In  practice,  this 
system  is  not  always  enforced,  especially  with  regard  to  travel 
within  the  general  vicinity  of  one's  residence. 

Mozambican  law  does  not  address  the  issue  of  emigration,  but  in 
practice  Mozambicans  can  emigrate  if  they  wish.   Several 
hundred  thousand  people  fled  from  Mozambique  at  independence  in 
1975  because  of  economic  chaos  and  fear  of  political 
persecution.   In  recent  years,  more  than  350,000  persons  have 
fled  across  borders  to  neighboring  countries,  due  mainly  to  the 
intensification  of  the  guerrilla  war  within  the  central 
provinces  and  the  scarcity  of  food  caused  by  the  war  and  the 
prolonged  drought  which  ended  only  last  year.   Some  of  these 
people  have  since  returned,  but  there  are  still  extensive 
numbers  of  Mozambican  refugees  in  neighboring  countries.   Since 
1981  the  Government  has  had  a  policy  of  welcoming  back 
Mozambicans  who  left  the  country,  and  a  1982  law  allows  for  the 


215 


MOZAMBIQUE 

reacquisition  of  citizenship  by  Mozambicans  who  left  the 
country  and  assumed  another  nationality.   Previously,  some 
Mozambicans  who  had  opposed  the  party  before  independence  were 
jailed  upon  their  return  to  Mozambique.   Such  imprisonment 
remains  a  possibility,  but  Mozambicans  who  in  1986  accepted  the 
Government's  invitation  to  return  apparently  have  not  suffered 
harassment  or  retribution.   Supporters  of  the  insurgency  or 
outspoken  critics  of  the  Government  generally  have  opted  not  to 
return  to  Mozambique. 

Since  independence,  the  Government  has  readily  provided  asylum 
to  refugees  from  neighboring  countries.   Many  thousands  of 
Zimbabweans  resided  temporarily  in  Mozambique  during  the 
struggle  for  that  country's  independence.   Most  refugees  now  in 
Mozambique  are  from  South  Africa  and  Malawi.   Since  signing  the 
Nkomati  Accord  in  1984,  the  Government  has  restricted  the  entry 
of  members  and  supporters  of  the  African  National  Congress. 
Despite  the  poor  economic  situation,  the  Government  continues 
to  assist  refugees  by  providing  land,  housing,  relief 
assistance,  social  services,  and  in  some  cases,  employment. 

Section  3   Respect  for  Political  Rights:   The  Right  of  Citizens 
to  Change  Their  Government 

No  organized  political  opposition  to  FRELIMO  is  allowed.   The 
party  and  the  Government  are  controlled  by  a  small  cadre  of 
senior  officials  in  the  politburo.   So-called  mass  political 
involvement  exists  at  the  provincial,  district,  and  local 
levels  but  only  within  political  organizations  sanctioned  by 
FRELIMO.   Votes  by  the  National  People's  Assembly  endorsing 
government  policies  are  usually  unanimous. 

The  party  and  Government  espouse  a  system  of  "People's 
Democracy"  whereby  decisions  are  theoretically  made  by 
consensus;  in  practice,  this  means  that  policies  and 
initiatives  emanate  from  above.   The  electoral  process  is 
closely  controlled  by  the  party.   The  first  national  elections 
since  1977  for  people's  assemblies  at  the  local,  district, 
provincial,  and  national  levels  were  held  from  August  15  to 
December  15.   The  party  drew  up  single  slates  of  candidates  for 
the  elections,  and  local  party  structures  reviewed  these  slates 
with  the  local  population  prior  to  the  election.   Voters  at  the 
village  level  then  physically  assembled  to  vote  on  the 
candidates,  and  often  had  some  degree  of  choice  since  there 
were,  by  law,  20  percent  more  candidates  than  seats  available 
in  the  various  assemblies.   In  addition,  several  dozen 
candidates  were  rejected  by  the  voters  at  various  election 
meetings,  and  some  of  those  elected  were  not  party  members. 
Balloting  for  district,  city,  and  national  assemblies  was 
indirect,  but  was  conducted  by  secret  ballot. 

Section  4   Governmental  Attitude  Regarding  International  and 

Nongovernmental  Investigation  of  Alleged  Violations 
of  Human  Rights 

Although  the  Government  has  discussed  the  status  of  RENAMO 
prisoners  with  international  relief  organizations,  including 
the  International  Committee  of  the  Red  Cross  (ICRC),  it  has  not 
yet  allowed  them  access.   At  a  major  ICRC  meeting  in  Geneva  in 
October,  Mozambique  was  cited  as  one  of  only  six  countries  that 
refuses  to  allow  ICRC  access  to  prisoners.   Amnesty 
International  has  presented  to  the  Government  recommendations 
to  strengthen  the  controls  against  torture  and  to  limit  the 
right  of  the  security  forces  to  hold  detainees  for  unlimited 
time  without  charge,  but  these  recommendations  have  had  no 


66-986  0-87-8 


216 


MOZAMBIQUE 

apparent  impact  on  government  policies.   In  a  few  cases, 
however,  the  Government  has  been  responsive  to  private 
inquiries  on  specific  detainee  cases. 

Section  5   Discrimination  Based  on  Race,  Sex,  Religion, 
Language,  or  Social  Status 

In  spite  of  the  strains  imposed  by  the  war  and  the  economic 
collapse,  racial  harmony  generally  remains  a  hallmark  of 
Mozambican  society.   The  number  of  ethnic  Asian  and  white 
Mozambicans  holding  important  positions  is  much  greater  than 
their  proportion  of  the  general  population,  a  reflection  of  the 
greater  educational  opportunities  available  to  these  groups 
prior  to  independence  rather  than  to  unequal  treatment.   While 
it  is  true  that  the  majority  of  the  FRELIMO  leadership  are 
members  of  the  southern-based  Shangaan  tribe,  within  the  black 
population  of  Mozambique  individual  ethnic  groups  are  treated 
relatively  equally  by  the  Government  and  enjoy  constitutionally 
rooted  legal  equality.   RENAMO,  however,  tries  to  exploit  what 
it  perceives  to  be  historically  based  Mozambican  intertribal 
antipathies  to  appeal  to  other  tribes. 

Largely  due  to  government  support,  women  are  playing  an 
increasingly  important  role  in  Mozambique,  particularly  at  the 
working  levels  of  government.   The  1985  National  Congress  of 
the  party-affiliated  Mozambican 's  Women's  Organization  was 
notable  for  its  avoidance  of  ideology  and  its  concentration  on 
issues  of  direct  relevance  to  women. 

CONDITIONS  OF  LABOR 

The  Government  has  continued  efforts  to  safeguard  the  health 
and  welfare  of  the  population.   Health  and  environmental  laws 
protecting  workers  have  been  enacted,  and  the  Government  has  on 
occasion  closed  down  firms  for  noncompliance.   Recent 
government  legislation  provides  for  the  right  of  60  days 
maternity  leave.   If  firms  have  day-care  facilities,  women 
reportedly  have  the  right  to  2  half-hour  breaks  daily  for  a 
year  to  feed  their  children.   The  legislation  reportedly 
contains  other  job-related  safeguards  for  pregnant  women  and 
new  mothers.   Child  labor  is  also  controlled,  and  the  minimum 
working  age  (excluding  agriculture)  is  16.   The  minimum  wage 
for  the  wage  labor  sector  is  approximately  $64  per  month  but  is 
woefully  inadequate,  given  the  shortage  of  food  and  consumer 
goods  and  the  high  rate  of  inflation.   The  Government  has  been 
examining  the  issue  of  wages,  and  an  increase  in  wages  is 
expected  to  be  part  of  an  economic  reform  process  which  the 
Government  has  launched. 

Until  recently  labor  law  in  Mozan±iique  was  generally  favorable 
to  the  employee.   However,  the  Government  has  enacted  a 
comprehensive  labor  law  that  increases  the  autonomy  of 
employers.   Among  other  things,  it  allows  both  public  and 
private  firms  to  fire  employees  without  obtaining  governmental 
permission.   Companies  may  now  also  reward  their  best  workers 
with  bonuses  and  penalize  less  productive  employees. 


217 


U.S. OVERSEAS     -L0AN3     iMD    SRflNTS"    03LI'3ATI0NS     AND     LOAM     AUTHORIZATIONS 
(U.S. FISCAL     YHaRS     -     MILLIONS     OF     DOLLARS) 

c 0 J .M T R Y :   MO z a ,-1 3 1 ; u ; 

1984  1535  1986 

I.E-ON.     ASSIST. -TOTAL. . .  18.3  33.?  10.5 

LOANS 0.3  17.0  0.0 

GRANTS 13.3  Z1.3  10.5 

A.  BID     8.9  13.4  10.5 

LOAMS 0.0  0.0  0.0 

GRANTS 8.9  13.4  10.5 

(SEC.SU'P. ASSIST.) .. .  7.0  13.1  9.7 

a.^oojFo^'EA:-:- 9.4  25.4  0.0 

LJANS 0.0  17.0  0.0 

3RANT3 9.4  3.4  0.0 

TITLE     I-TOTAL 0.0  17.0  0.0 

?£PAY.     1^    •5-LOAWS 0.0  17.0  0.0 

PAY.     IN     FOR.     CURR 0.0  0.0  0.0 

TITLE  II-TOTAL 9.4  3.4  0.0 

6. RELIEF.  EC. DEV  '.    WFO.  9.4  6.2  0.0 

VOL. RELIEF  AGENCY 0.0  2.2  0.0 

C. OTHER  ECON.  ASSIST...  0.0  0.0  0.0 

LOANS 0.0  0.0  0.0 

GRANTS 0.0  0.0  0.0 

PEACE  CORPS 0.0  0.0  0.0 

NARCOTICS 0.0  0.0  3.0 

OTHER 0.0  0.0  0.0 

II.MIL.  ASSIST. -TOTAL. . .  0.3  3.0  0.0 

LOANS 0.0  0.0  0.0 

GRANTS 0.3  3.0  0.0 

A.MAPGRANTS 0.0  0.0  0.0 

3.  CREDIT  FIN  A  NCI 'IS....  0.0  '.0  0.0 

:  .  I  N  T  L  M I  L  .  £  0  .  T  P.  v|  S  .  .  .  .  0.3  0.3  0.0 

O.T^AN- EXCESS   :.<...  0.0  3.0  3.0 

E.uiHcP    if,A:,r: 0.0  0.0  0.0 


III.TUIAL     ECOIi.           'IL...  14.3  3='.?                10.5 

LOANS 0.3  17.3                  0.0 

GRANTS 1  -.  ?  21  .^.               13.5 

OHE:R    US    LOAliS 0.3  3.Q                  3.0 

E<-lr.    dAi.<    LU-:.: 0.3  3.3                 3.0 

A-.  LOTHER 0.3  3.0                  0.0 

ASSISTANCE    r^O'1    I 'I  TE^  NATIONAL     ASENCIES 

1=Si  1935  1936              1946-35 

TOTAL 47.4  61.0  2.5            227.9 

:b?o                             0.?  0.0  0.0            0.0 

if:                                           3.0  0.0  2.5                 2.5 

IDA                                           0.0  45.0  0.0              45.0 

103                                           0.0  0.0  0.0                 0.0 

AD3                                           0.0  0.0  0.0                 0.0 

AF03                                        45.2  0.0  0.0            116.9 

UN3P                                         i.2  2.6  ,0.0              40.1 

OUcR-UN                              0.0  13.4  0.0              23.4 

ee:                              0.0  0.0  0.0            0.0 


218 


NIGER 


Niger  is  governed  by  an  authoritarian  military  regime  with 
power  concentrated  in  the  hands  of  its  President,  General 
Seyni  Kountche,  who  heads  the  nation's  highest  body,  the 
Supreme  Military  Council.   Kountche  took  power  in  1974  in  a 
military  coup,  toppling  the  civilian  regime  of  Hamani  Diori. 
At  that  time  the  Constitution  was  suspended,  and  Kountche  has 
since  ruled  by  decree.   The  freedoms  of  assembly,  speech,  and 
political  activity  are  restricted.   Public  dissent  is  almost 
nonexistent,  and  private  dissent  tends  to  be  rare  for  fear  of 
retribution. 

Niger,  one  of  the  world's  poorest  countries,  occupies  a  large 
area  in  the  arid  Sahel  region  of  West  Africa.   The  economy 
hinges  on  subsistence  farming,  livestock,  and  some  of  the 
world's  largest  uranium  deposits.   However,  severe  drought,  a 
3.1  percent  population  growth  rate,  and  declining  world  demand 
for  uranium  since  the  early  1980 ' s  have  had  a  serious  negative 
impact  on  the  Niger ien  economy. 

The  human  rights  situation  in  Niger  improved  marginally  in 
1986.   The  Government  is  proceeding  cautiously  with  the  further 
development  of  the  National  Development  Society,  which  many 
believe  will  lead  to  greater  civilian  involvement  in  economic 
decisionmaking.   Substantial  progress  was  made  on  a  "national 
charter"  which  is  scheduled  to  be  the  subject  of  an  early 
national  refrendum.   President  Kountche  stressed  publicly  in 
April,  however,  that  the  armed  forces  will  continue  to  play  a 
preponderant  role  in  the  political  life  of  the  nation  no  matter 
how  democratic  institutions  evolve.   Early  in  1986,  trials  of 
public  officials  accused  of  corruption  were  held  in  public, 
the  defendants  had  able  legal  counsel,  and  the  verdicts 
rendered  were  less  than  the  maximum  penalty  (death)  prescribed 
by  the  law.   Those  persons  arrested  following  the  October  1983 
coup  attempt  are  still  being  held  in  detention.   The 
restrictions  on  nighttime  travel  in  Niger  were  lifted  early  in 
the  year.   Niger  also  signed  the  Organization  of  African 
Unity's  African  Charter  of  Human  and  Peoples'  Rights  in  1986. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1   Respect  for  the  Integrity  of  the  Person,  Including 
Freedom  from: 

a.  Political  Killing 

There  were  no  reports  of  political  killings. 

b.  Disappearance 

No  disappearances  were  reported. 

c.  Torture  and  Cruel,  Inhuman,  or  Degrading  Treatment  or 
Punishment 

Systematic  torture  of  detainees  and  prisoners  is  not  believed 
to  take  place  in  Niger.   While  not  officially  sanctioned  by 
the  Government,  cruel  treatment,  usually  in  the  form  of 
physical  beatings,  has  been  meted  out,  however,  by  officials 
charged  with  the  custody  of  political  prisoners.   Non-Niger iens 
resident  in  Niger  are  frequently  harassed  by  the  police  and 
occasionally  suffer  physical  abuse  while  in  detention.   It  is 
believed  that  political  prisoners  or  detainees  are  rarely 
allowed  visits  from  family  members,  but  some  with  severe 


219 


NIGER 

medical  problems  have  been  allowed  treatment  by  specialists 
from  Europe. 

d.  Arbitrary  Arrest,  Detention,  or  Exile 

With  the  Constitution  suspended  since  1974,  there  are  no 
specific  statutory  protections  against  arbitrary  arrest  or 
imprisonment.   Warrants  are  not  required  for  an  arrest,  and 
there  is  no  right  to  judicial  review  of  the  legality  of 
arrests  or  detentions.   For  criminal  offenses,  the  law  holds 
that  detainees  must  be  charged  within  48  hours,  but  delays 
sometimes  occur  as  the  result  of  a  lack  of  trained  legal 
officials.   In  cases  concerning  political  or  security-related 
matters,  detainees  can  be  held  indefinitely  without  charge,  as 
in  the  case  of  the  19  detainees  held  in  connection  with  the 
October  1983  coup  attempt  who  are  still  awaiting  trial. 
Amnesty  International  estimated  their  number  at  20-25  at  the 
end  of  1985.   Former  President  Hamani  Diori  remained  under 
house  arrest  at  the  end  of  1986.   When  the  Government  believes 
the  national  security  to  be  at  risk,  large  numbers  of  citizens 
may  be  rounded  up  arbitrarily  for  questioning,  as  with  the 
roundup  of  Tuaregs  in  Niamey  after  the  attack  on  a  police 
station  in  Tchin-Tabaraden  in  1985. 

Forced  labor  is  not  practiced  in  Niger,  but  during  the  1985 
drought  emergency,  displaced  herders,  primarily  ethnic  Tuaregs 
and  Fulanis,  were  in  some  instances  forcibly  moved  onto 
government-sponsored,  vegetable-growing  projects.   There  are 
no  known  instances  of  dissidents  or  political  opponents  being 
exiled  by  the  Kountche  Government,  although  some  dissidents 
have  voluntarily  gone  into  exile. 

e.  Denial  of  Fair  Public  Trial 

The  exact  number  of  political  prisoners  in  Niger  is  unknown. 
The  11  Tuaregs  convicted  and  sentenced  to  death  in  connection 
with  the  Tchin-Tabaraden  affair  had  reportedly  not  been 
executed  by  the  end  of  1986. 

Political  and  security-related  cases  are  tried  in  the  State 
Security  Court,  which  operates  outside  the  traditional  legal 
framework.   This  body,  established  by  presidential  decree, 
meets  in  secret,  and  while  little  is  known  about  its 
proceedings,  it  is  believed  that  its  members  are  military 
officers.   According  to  Amnesty  International,  the  Tuaregs 
condemned  to  death  in  1985  were  tried  before  this  court. 

Civil  and  criminal  cases  not  involving  security-related  acts 
are  tried  publicly.   Legal  counsel  is  provided  for  indigent 
defendants  accused  of  felonies  or  other  major  offenses  if  they 
are  under  18  years  of  age,  handicapped,  or  faced  with  the 
possibility  of  a  sentence  of  more  than  10  years.   While  there 
are  reliable  accounts  that  courts  in  some  specific  cases  have 
been  subject  to  political  influence  or  pressure  in  ordinary 
civil  or  criminal  cases,  the  judicial  system  is  believed  to  be 
generally  independent  and  fair.   Defendants  may  appeal  verdicts 
first  to  an  appellate  court  and,  if  desired,  to  the  nation's 
highest  tribunal,  the  State  Court,  composed  of  civilian 
magistrates,  which  serves  as  a  final  court  of  appeals.   The 
President  has  the  right  of  pardon  in  penal  cases  and  has 
invoked  this  right  on  several  occasions  in  recent  years.   At 
the  village  level,  matters  such  as  property  disputes  are 
frequently  resolved  by  traditional  means  without  reference  to 
the  formal  legal  system. 


220 


NIGER 

In  June  1985,  President  Kountche  announced  the  formation  of  a 
special  court  to  investigate  civil  service  corruption.   Stiff 
penalties  were  established  for  these  crimes,  including  the 
death  penalty  for  convictions  of  embezzlement  of  amounts  over 
$500,000.   At  the  corruption  trials  held  in  1986,  however, 
life  imprisonment  was  the  most  severe  penalty  assessed. 

f.   Arbitrary  Interference  with  Privacy,  Family,  Home,  or 
Correspondence 

The  police  have  the  right  to  enter  homes  between  5  a.m.  and 
9  p.m.  and  will  enter  at  other  times  if  deemed  necessary.   Many 
of  the  Tuaregs  rounded  up  in  Niamey  in  early  June  were  removed 
forcibly  from  their  homes.   Court  warrants  are  not  required  in 
such  instances.   Violations  of  privacy  such  as  interference 
with  correspondence,  telephone  tapping,  and  use  of  informer 
networks  are  known  to  take  place. 

Section  2   Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press 

These  freedoms  are  restricted.   Institutions  which  might  voice 
dissent,  such  as  an  independent  press  or  a  freely  elected 
legislature,  do  not  exist.   The  media  are  controlled  by  the 
Government.   While  some  criticism  of  government  policy  or 
bureaucratic  inefficiency  is  allowed,  especially  in  the  weekly 
publication  Sunday  Sahel,  such  criticism  is  expressed  at  the 
behest  of,  or  at  least  with  the  knowledge  of,  the  Government. 
Debates  on  aspects  of  the  economy  or  cultural  policy  sometimes 
take  place  in  the  media,  but  the  boundaries  of  permissible 
discussion  are  well  understood  in  advance  by  all  participants. 
The  primary  functions  of  the  media  are  to  disseminate 
government  policies  and  viewpoints  and  to  rally  popular  support 
for  government  programs  and  leading  figures  such  as  the 
President.   Nigerien  journalists  are  acutely  aware  of  their 
status  as  government  employees  and  of  the  guidelines  within 
which  they  must  operate.   Journalists  who  the  Government 
believes  have  strayed  from  these  guidelines  have  been  demoted, 
fired,  or  otherwise  disciplined  in  the  past,  although  no  such 
incidents  occurred  in  1986.   While  there  are  no  legal 
constraints  on  academic  freedom,  in  practice  university 
students  and  professors  are  reluctant  to  speak  openly  about 
potentially  controversial  domestic  issues  for  fear  of 
government  reprisal.   There  have  been  no  reports  of  censored 
or  banned  magazines  or  other  publications,  but  the  Government 
is  under  no  legal  constraints  should  it  discover  material  that 
it  deems  offensive.   Foreign  films  are  subject  to  censorship 
by  the  Ministry  of  Interior  on  grounds  of  public  morality  and 
political  content. 

b.  Freedom  of  Peaceful  Assembly  and  Association 

Except  for  political  parties,  most  forms  of  voluntary 
association,  such  as  trade  unions,  churches,  and  other 
religious  groups,  function  with  the  understanding  that  they 
must  act  in  accordance  with  government  policy.   Government 
permission  is  required  for  public  gatherings,  although,  in 
practice,  public  meetings  of  such  organizations  are  usually 
allowed. 

The  trade  union  movement  is  controlled  and  partially  financed 
by  the  Government.   All  unions  are  organized  under  a 
government-controlled  umbrella  group,  the  National  Union  of 
Nigerien  Workers  (USTN) .   The  head  of  the  USTN  is  appointed  by 


221 


NIGER 

the  Government.   The  USTN  represents  about  30  percent  of  the 
approximately  60,000  salaried  workers  in  Niger.   The  group  is 
poorly  financed  partly  because  of  government  refusal  to  allow 
fund-raising  methods  such  as  a  wage  checkoff  system.   Lower 
level  elections  in  the  USTN  are  believed  to  be  fairly 
democratic.   Strikes  in  Niger  are  rare,  although  legal  if 
conciliation  and  arbitration  procedures  have  been  exhausted. 
The  USTN  maintains  relations  with  recognized  international 
bodies  and  sends  representatives  to  international  meetings. 
It  is  a  member  of  the  Accra-based  Organization  of  African 
Trade  Union  Unity. 

c.  Freedom  of  Religion 

Niger  is  overwhelmingly  Muslim,  but  Christian  Churches  are 
allowed  to  operate  freely.   Conversion  from  one  religion  to 
another  is  not  prohibited  but  rarely  occurs.   Foreign 
missionaries  are  permitted  to  live,  work,  and  tLavel  in 
Niger.   There  have  been  no  reports  of  religious 
discrimination.    The  Government,  cautious  because  of  the 
Islamic  fundamentalist  violence  which  erupts  periodically  in 
northern  Nigeria,  monitors  Muslim  religious  activity  through 
the  Islamic  Association.   This  Association  is  funded  by  the 
Government  and  assists  in  an  informal  government  screening 
process  of  local  religious  leaders.   Islamic  services  that 
have  gone  beyond  strictly  religious  subjects  have  been  shut 
down.   Religious  groups  are  allowed  to  maintain  links  with 
coreligionists  in  other  countries. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign 
Travel,  Emigration,  and  Repatriation 

Travel  within  Niger  is  closely  monitored,  although  no  special 
travel  documents  are  required  for  domestic  travel.   Police 
checks,  often  entailing  thorough  searches,  take  place  upon 
entering  or  leaving  any  major  town  or  city.   These  checks 
reflect  a  governmental  preoccupation  with  smuggling,  a  concern 
over  possible  movements  into  the  country  of  foreign-based 
dissidents  or  criminal  elements,  and  a  policy  designed  to 
discourage  migration  to  urban  areas.   Nigeriens  wishing  to 
travel  abroad  must  obtain  exit  visas,  which  are  usually  granted 
routinely.   Married  women  must  have  the  permission  of  their 
husbands  to  travel  abroad.   The  repatriation  of  Nigerien 
nationals  is  unrestricted.   In  May  1986,  the  Government 
efficiently  resettled  about  2,000  Nigeriens  who  were  expelled 
from  neighboring  Algeria.   Niger  is  a  party  to  the  U.N. 
Convention  and  Protocol  Relating  to  the  Status  of  Refugees  and 
has  been  very  cooperative  respecting  the  19  refugees  currently 
in  Niger  under  U.N.  High  Commissioner  for  Refugees  auspices. 

Section  3   Respect  for  Political  Rights:   The  Right  of  Citizens 
to  Change  Their  Government 

The  capacity  of  the  people  to  influence  the  Government  is 
extremely  limited.   Virtually  all  power  is  held  by  the 
President,  General  Seyni  Kountche.   He  rules  through  the 
Supreme  Military  Council  which  is  made  up  of  officers  who 
helped  stage  the  1974  coup  that  toppled  the  previous  civilian 
regime.   Kountche  rules  by  decree,  makes  all  government 
appointments,  and  controls  the  pace  of  political  change  and 
economic  development.   Government  operations  are  conducted 
largly  by  civilian  technocrats  who  implement  decisions 
promulgated  by  the  Supreme  Military  Council  and  Kountche 
himself.   The  President  derives  his  power  from  the  military. 
While  all  but  three  of  the  ministerial  positions  have  passed 


222 


NIGER 

from  military  to  civilian  hands  in  recent  years,  all  of 
Niger's  seven  departments  have  military  governors,  who  have 
virtually  autocratic  power  within  their  departments. 
Moreover,  there  is  a  marked  military  presence  in  the  upper 
echelons  of  the  National  Development  Society. 

In  lieu  of  a  party  system,  the  Kountche  Government  since  1979 
has  been  organizing  the  National  Development  Society  which  in 
theory  will  lead  to  greater  popular  participation  in  economic 
decisionmaking.   The  Society  consists  of  a  hierarchical 
network  of  councils  at  the  village,  regional,  departmental, 
and  national  levels.   The  councils  consist  of  elected  and 
appointed  members,  although  only  at  the  village  level  are 
members  elected  directly  by  the  people.   The  national  level 
council  consists  of  Nigeriens  from  all  walks  of  life,  who  also 
serve  on  special  committees  to  consider  various  aspects  of 
economic  development,  cultural  policy,  and  social  issues.   One 
such  committee  has  written  and  widely  distributed  a  national 
charter  which,  it  is  believed,  could  serve  eventually  as  the 
basis  for  a  new  constitution. 

Section  4   Governmental  Attitude  Regarding  International  and 

Nongovernmental  Investigation  of  Alleged  Violations 
of  Human  Rights 

Niger  is  not  active  in  regional  and  international  human  rights 
organizations.   In  recent  years,  inquiries  from  international 
human  rights  organizations  have  apparently  been  ignored  by  the 
Government.   There  are  no  domestic  groups  which  monitor  the 
human  rights  situation  in  Niger. 

Section  5   Discrimination  Based  on  Race,  Sex,  Religion, 
Language,  or  Social  Status 

The  essentially  traditional  nature  of  Nigerien  society  helps 
ensure  that  family  and  ethnic  group  ties  remain  strong  and 
supportive,  but  traditional  practices  and  attitudes  on 
ethnicity,  women,  and  education  have  some  negative  effects. 
Males  have  considerable  advantages  in  terms  of  education, 
employment,  and  property  rights.   In  case  of  divorce,  custody 
of  all  children  under  8  years  of  age  is  given  to  the  husband. 
Conscious  of  this  situation,  the  Government  has  made  progress 
in  improving  the  status  of  women  by  launching  work  on  a  new 
family  code,  by  providing  better  employment  opportunities  to 
women,  by  giving  them  a  significant  role  in  the  National 
Development  Society,  and  by  supporting  the  National  Women's 
Association.   In  1986  the  Government  continued  to  encourage 
Nigeriens  to  practice  birth  control. 

Four  major  ethnic  groups,  each  with  its  own  language,  make  up 
the  bulk  of  the  population.   The  two  primarily  nomadic  groups, 
Tuaregs  and  Fulani  (Peul),  have  less  access  to  government 
services,  partly  because  their  transient  lifestyles  make  it 
difficult  for  the  Government  to  supply  them  with  services  and 
partly  because  of  historical  animosities  between  the  nomads 
and  the  sedentary  Djerma  and  Hausa  ethnic  groups  which 
dominate  the  Government . 

CONDITIONS  OF  LABOR 

Under  the  Niger  labor  code,  workers  receive  benefits  for 
on-the-job  injury,  leave  for  family  emergencies,  and  health 
benefits.   Annual  holidays  and  leave  benefits  are  clearly 
defined.   Children  between  the  ages  of  12  and  18  may  be 
employed,  but  there  are  strict  provisions  concerning  the  hours 


223 


NIGER 

of  employment  and  types  of  employment  for  children  in  this  age 
group.   All  labor  provisions,  especially  those  concerning 
child  labor,  apply  in  practice  only  to  urban  areas.   In  the 
agricultural  sector,  which  employs  most  Nigeriens,  children 
work  on  family  plots  under  conditions  which  are  not  in 
compliance  with  the  provisions  of  the  labor  code. 


224 


U.  S.0V.eRS£43  -LOANS  AND  GRANTS"  OBLIGATIONS  AND  LOAN  AUTHORIZATIONS 
(U.S. FISCAL  YEARS  -  MILLIONS  OF  DOLLARS) 


COJMTRY:  NIGER 


1934 


1935 


1986 


I.rCON.  ASSIST. -TOTAL.  .  . 

LOANS 

GRANTS 

A. AID  

LOANS 

GRANTS 

(SEC. SUPP. ASSIST.)  ..  . 

3. FOOD  FOR  PEACE 

LOANS 

GRANTS 

TITLE  I-TCTAL 

REPAY.  IN  $-LOANS 

PAY.  IN  FOR.  CURR 

TITLE  II-TOTAL 

E. RELIEF. EC.DEV  I    WFP. 

VOL. RELIEF  AGENCY 

C.OTHER  E:0N.  ASSIST... 

LOANS 

GRANTS 

PEACE  CORPS 

NARCOTICS 

OTHER ..  . 

II.MIL.  ASSIST. -TOTAL. .  . 

LOANS 

GRANTS 

4. MAP  GRANTS 

3. CREDIT  FINANCING.... 
:. INTL  MIL.EO.TRNG. .. . 
D.TRAN-EXCESS  STOCK... 
E. OTHER  GRANTS 


III. TOTAL  ECON. 

LOANS , 

GRANTS. .. . 


MIL, 


29.3 

51.0 

27.1 

0.0 

0.0 

0.0 

29.3 

51.0 

27.1 

26.; 

27.5 

24.2 

0.0 

0.0 

0.0 

26.4 

27.5 

24.2 

5.0 

5.0 

4.8 

0.5 

20.9 

0.0 

O.Q 

0.0 

0.0 

0.5 

20.9 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.5 

20.9 

0.0 

0.5 

17.5 

0.0 

0.0 

3.4 

0.0 

2.4 

2.6 

2.9 

0.0 

0.0 

0.0 

2.4 

2.5 

2.9 

2.4 

2.6 

2.9 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

2.2 

5.2 

4.0 

O.D 

0.0 

0.0 

2.2 

5.2 

4.0 

2.0 

5.0 

3.8 

0.0 

0.0 

0.0 

0.2 

0.2 

0.2 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

31.5 

56.2 

31.1 

O.D 

0.0 

0.0 

31.5 

56.2 

31.1 

OTHER  US  LOANS. .. 
EX-IM  BANK  LOANS, 
ALL  OTHER 


0.0 
0.0 

0.0 


0.0 
0.0 
0.0 


0.0 
0.0 
0.0 


ASSISTANCE    FROM    INTERNATIONAL     AGENCIES 
1984  1935  1986 


1946-86 


TOTAL 

34.6 

37.0 

6,2.3 

579.0 

IBRD 

3.0 

0.0 

0.0 

0.0 

IFC 

0.0 

0.3 

0.0 

2.6 

IDA 

11.7 

16.8 

62.8 

305.7 

ID3 

0.0 

0.0 

0.0 

0.0 

AD3 

3.0 

0.3 

0.0 

0.0 

AFDS 

20.0 

12.3 

0.0 

73.0 

UN  OP 

2.9 

3.0 

0.0 

55.3 

OTHER-UN 

0.0 

5;2 

0.0 

15.1 

EEC 

0.0 

0.0 

0.0 

127.3 

225 


NIGERIA 


President  Ibrahim  Babangida  came  to  power  in  a  military  coup 
on  August  27,  1985,  overthrowing  the  military  government  of 
Major  General  Muhammadu  Buhari  that  had  seized  power  from 
civilians  in  December  1983.   A  28-member  Armed  Forces  Ruling 
Council  (AFRC)  is  the  main  decisionmaking  organ  of  the 
Government,  while  a  22-member  Federal  Cabinet  presides  over 
the  Government's  executive  departments.   Military  governors, 
appointed  by  the  President  and  assisted  by  mixed  military/ 
civilian  executive  councils,  head  Nigeria's  19  state 
governments.   The  1979  Constitution  remains  partially  in 
effect,  but  significant  provisions,  namely,  those  guaranteeing 
free  elections,  the  existence  of  political  parties,  and  the 
right  to  due  process  and  habeas  corpus,  are  suspended.   The 
Government  has  pledged  to  return  the  country  to  civilian  rule 
by  1990.   The  appropriate  form  and  structure  for  a 
postmilitary  government  was  publicly  debated  during  1986. 

Legislation  at  both  the  federal  and  state  levels  continues  to 
be  promulgated  by  decree.   All  decrees  are  exempt  from 
challenge  in  the  courts.   The  Government  enforces  its  authority 
through  the  federal  security  apparatus:   the  national  police, 
the  military,  and  the  State  Security  Service  (SSS).   No 
separate  law  enforcement  agencies  exist  at  the  state  and  local 
levels . 

Nigeria,  with  an  estimated  100  million  people,  is  Africa's 
most  populous  country.   It  has  a  mixed  economy  in  which  the 
Government  plays  a  major  but  declining  role  in  all  important 
sectors.   On  June  27,  1986,  President  Babangida  announced  a 
major  program  of  structural  adjustment,  featuring  a  Second- 
tier  Foreign  Exchange  Market  (SFEM),  which  allows  the  supply 
and  demand  of  foreign  exchange  to  determine  the  SFEM  exchange 
rate.   With  the  introduction  of  the  SFEM  on  September  26, 
import  licensing  procedures,  price  controls,  and  many  other 
Government  restrictions  were  liberalized  or  abolished  to  help 
stimulate  domestic  production  and  employment,  overcome  public 
sector  inefficiencies,  and  increase  nonoil  exports. 

In  1986  the  Babangida  Government  continued  to  demonstrate  a 
commitment  to  restoring  some  of  the  human  rights  formerly 
protected  by  the  1979  Constitution  but  seriously  circumscribed 
in  1984-85.   Judicial  commissions,  appointed  in  late  1985, 
reviewed  the  cases  of  all  pending  and  conditionally  released 
detainees,  as  well  as  the  cases  of  all  persons  convicted  by 
military  tribunals,  created  under  1984  decrees,  of  corruption, 
currency  violations,  counterfeiting,  drug  trafficking,  and 
petroleum  smuggling.   The  AFRC  generally  upheld  the 
commissions'  recommendations,  confirming  detainees'  releases 
or  slating  them  for  future  trials,  and  releasing  prisoners  or 
reducing  their  sentences.   The  AFRC  also  provided  for  judges 
to  head  future  special  tribunals,  established  an  appeal 
procedure  for  all  persons  convicted  by  the  tribunals,  and 
reduced  penalties  to  make  them  more  appropriate  to  the 
offense.   The  death  penalty  was  abolished  for  cases  of  people 
convicted  of  oil  smuggling  and  drug  trafficking. 

The  Government  in  1986  moved  decisively  against  potential 
violent  opposition.   Ten  military  officers  were  executed  in 
March  for  coup  plotting  in  late  1985  following  trial  and 
conviction  by  a  special  military  tribunal.   The  officers  had 
access  to  legal  defense  counsel  and  exercised  their  right  to 
appeal  their  convictions.   The  Government  also  introduced 
banning  from  political  life  as  retribution  for  the  misdeeds  of 
former  politicians.   In  June  1986,  President  Babangida 


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announced  that  all  former  politicians  would  be  excluded  from 
holding  public  office  and  participating  in  partisan  politics 
for  10  years  following  the  resumption  of  political  activity. 
Former  civilian  President  Shehu  Shagari  and  his  Vice  President, 
Alex  Ekwueme,  have  been  banned  from  politics  for  life.   In  June 
the  Government  temporarily  closed  20  institutions  of  higher 
education  and  banned  the  leading  student  organization  in  the 
wake  of  nationwide  campus  demonstrations  protesting  police 
killings  of  at  least  4  students  during  a  student  strike  at  a 
northern  university. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1   Respect  for  the  Integrity  of  the  Person,  Including 
Freedom  from: 

a.  Political  Killing 

There  was  no  evidence  of  politically  motivated  killing  in 
Nigeria  at  government  instigation  in  1986.   In  October  a  letter 
bomb  killed  the  editor-in-chief  of  a  weekly  newsmagazine  that 
had  published  investigative  articles  on  controversial  topics 
such  as  Nigerian  involvement  in  drug  trafficking  and  the 
dismissal  of  a  key  government  official.   Speculation  about  the 
incident  includes  unsubstantiated  allegations  of  government 
involvement.   A  government  investigation  is  underway. 

b.  Disappearance 

There  were  no  reports  of  politically  motivated  disappearances. 

c.  Torture  and  Cruel,  Inhuman,  or  Degrading  Treatment  or 
Punishment 

There  were  no  reports  or  allegations  of  torture.   A  portion  of 
the  1979  Constitution  which  is  still  in  effect  outlaws  torture 
and  the  mistreatment  of  prisoners.   Nigerian  law  provides  that 
such  excesses  be  dealt  with  in  criminal  or  civil  proceedings. 
Prison  conditions  remain  poor  because  of  severe  overcrowding 
and  insufficient  funds  for  basic  necessities.   According  to 
unconfirmed  newspaper  reports,  approximately  100  members  of  a 
northern  religious  sect  arrested  following  a  1984  uprising  have 
since  died  of  hunger  and  malnutrition. 

d.  Arbitrary  Arrest,  Detention,  or  Exile 

The  Babangida  Government  has  retained  the  authority  to  detain 
persons  suspected  of  acts  prejudicial  to  state  security  or 
harmful  to  the  economic  well-being  of  the  country  under 
Decree  2  of  1984,  the  State  Security  (Detention  of  Persons) 
Decree.   This  decree  suspends  the  1979  constitutional  guarantee 
of  the  right  to  habeas  corpus  and  cannot  be  challenged  in  any 
court  of  law.   In  response  to  public  outcry,  the  Government 
rescinded  a  1986  amendment  to  Decree  2  that  would  have  extended 
the  maximum  initial  detention  period  from  3  to  6  months  and 
given  detention  powers  to  the  Inspector  General  of  Police  as 
well  as  to  the  Chief  of  General  Staff. 

In  June  the  Government  detained  leaders  of  the  Nigeria  Labor 
Congress  (NLC),  some  for  up  to  2  weeks,  to  head  off  a 
nationwide  labor  demonstration  called  in  sympathy  with  students 
protesting  the  death  of  a  number  of  students  on  a  university 
campus  in  northern  Nigeria  during  confrontations  with  the 
police  in  May.   The  Government  also  detained,  and  subsequently 
released  without  prosecution,  several  members  of  the  Academic 


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Staff  Union  of  Universities  while  investigating  their 
involvement  in  the  campus  disturbances.   In  April  newspapers 
reported  the  detention  of  several  unnamed  former  politicians. 
In  one  known  case,  former  National  Assembly  member  Tanko 
Yakassai  was  held  by  security  officials  for  31  days. 
Speculation  at  the  time  connected  his  detention  to  an  April  18 
warning  to  former  politicians  to  stop  defying  the  1984  ban  on 
political  activity.   Four  of  the  soldiers  acquitted  in  March 
of  coup  plotting  remained  in  custody  afterwards  for  several 
months  despite  their  acquittals. 

In  1986  a  judicial  panel  headed  by  a  Supreme  Court  judge 
reviewed  the  cases  of  approximately  1,700  persons  detained 
under  Decree  2  during  the  Buhari  Administration  (1984-85), 
many  of  whom  had  already  been  released.   A  government  white 
paper  published  in  July  upheld  most  of  the  panel's 
recommendations  absolving  many  of  the  detainees  of  wrongdoing 
and  recommending  others  for  formal  charging  and  trial.   Among 
those  absolved  by  the  panel  and  released  after  publication  of 
the  white  paper  were  former  President  Shehu  Shagari  and  Vice 
President  Alex  Ekwueme,  both  held  for  31  months  without 
charge.   Both  are  now  banned  for  life  from  political  activity 
and  restricted  to  their  local  government  areas.   About  800  of 
the  former  detainees,  mainly  former  politicians  and  public 
office  holders,  are  to  be  prosecuted  for  corruption  by  a 
special  tribunal  named  in  September  under  Decree  3,  Recovery 
of  Public  Property  (Special  Military  Tribunal).   Still  in 
detention  without  charge  are  former  Head  of  State  Muhammadu 
Buhari  and  his  Chief  of  Staff,  Tunde  Idiagbon. 

No  Nigerian  has  been  exiled.   Self-exiled  politicians  are  free 
to  return  home  with  the  caveat  that  those  suspected  of  crimes 
will  be  subject  to  prosecution. 

The  Military  Government  does  not  use  forced  labor  as  a  means  of 
political  coercion  or  as  a  sanction  against  free  expression. 
Nigeria's  1979  Constitution  provides  that  "no  person  shall  be 
required  to  perform  forced  or  compulsory  labor."   The  latter 
excludes  community  service  programs  such  as  the  National  Youth 
Service  Corps  and  environmental  clean  up  campaigns. 

e.   Denial  of  Fair  Public  Trial 

The  1984  decree  modifying  the  1979  Constitution  left  the 
judiciary  relatively  unscathed,  although  special  military 
tribunals  were  established  outside  the  regular  judicial 
system,  notably  for  corruption  cases.   The  judiciary  is 
composed  of  both  federal  and  state  courts  and  includes 
procedures  for  appeals  from  state  high  courts  to  the  Federal 
Court  of  Appeals  and  to  the  Federal  Supreme  Court.   There  are 
also  constitutional  provisions  providing  for  the  use  of 
Islamic  and  local  tribal  law  in  civil  cases. 

Provisions  of  the  1979  Constitution  still  in  force  guarantee 
persons  charged  with  crimes  a  fair  public  trial  in  civilian 
courts  within  3  months  from  the  date  of  arrest.   However, 
cumbersome  administrative  procedures  and  inefficiency  sometimes 
result  in  prisoners  being  held  for  extended  periods  before 
being  charged  or  tried.   During  routine  inspections  of  prisons 
in  1986,  High  Court  chief  judges  exercised  their  right  to 
release  detainees  found  to  have  spent  more  time  in  prison  than 
they  would  have  if  they  had  been  convicted  for  their  alleged 
crimes.   Trials  are  public  and  adhere  to  constitutionally 
guaranteed  individual  rights.   In  capital  cases,  the  Government 
provides  counsel  for  indigent  defendants.   In  other  cases. 


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indigents  must  rely  for  counsel  on  the  Nigerian  Legal  Aid 
Society  which  has  limited  resources.   In  March  the  Government 
amended  the  Legal  Aid  Act  of  1976  to  extend  assistance  to 
persons  with  incomes  up  to  approximately  $500  per  year  at 
current  exchange  rates. 

The  Babangida  Government  used  a  special  military  tribunal, 
constituted  under  Decree  1  of  1986,  to  try  23  persons  for 
alleged  complicity  in  a  December  1985  coup  plot.   Ten  persons, 
all  members  of  the  armed  forces,  were  sentenced  to  death  and 
executed  in  March.   The  tribunal  acquitted  six  defendants  and 
gave  others  jail  terms.   Although  their  trial  was  held  in 
camera,  the  Government  allowed  military  lawyers  to  defend  the 
accused,  a  judge-advocate  to  advise  tribunal  members  on  points 
of  law,  and  observers  from  the  Nigerian  Bar  Association  (NBA) 
and  the  Ministry  of  Justice  to  witness  the  trial.   NBA 
observers  later  stated  that  lengthy  accreditation  procedures 
kept  them  from  observing  most  of  the  trial.   The  observers 
never  made  their  observations  public.   Appeals  to  the  chiefs 
of  the  military  services  were  denied,  and  the  Armed  Forces 
Ruling  Council  (AFRC)  upheld  the  convictions  before  sentences 
were  carried  out. 

The  Buhari  Government  issued  decrees  that  removed  certain 
crimes,  including  corruption  crimes,  from  the  jurisdiction  of 
the  civilian  judicial  system  to  special  military  tribunals. 
These  decrees  remain  in  effect.   In  keeping  with  its  human 
rights  commitment,  however,  the  present  Government  established 
judicial  review  commissions  composed  of  distinguished  civilians 
and  military  officials  to  conduct  an  extensive  review  in  1986 
of  detentions  and  convictions  under  these  decrees.   The  AFRC 
then  amended  the  decrees  to  restore  a  measure  of  due  process 
to  the  extrajudicial  procedures. 

The  commissions,  acting  essentially  as  appellate  courts, 
forwarded  their  findings  to  the  AFRC  which  in  most  cases  upheld 
the  panels'  recommendations  for  release,  acquittal,  reduced 
sentences,  or  future  trial.   While  supporting  reduced  prison 
terms  for  many  former  politicians  convicted  of  corruption,  the 
AFRC  frequently  added  a  specified  period  of  exclusion  from 
public  office  and  involvement  in  partisan  politics  to  the 
convict's  penalty.   Following  disposition  of  the  cases  under 
review,  the  Government  amended  the  1984  decrees.   Amendments 
added  an  appeal  procedure  (through  a  Special  Appeal  Tribunal), 
a  guarantee  that  judges  would  head  all  tribunals,  and  abolished 
the  death  sentence  for  a  number  of  offenses.   Recommendations 
of  the  Special  Appeal  Tribunal  are  subject  to  confirmation  by 
the  AFRC.   With  the  change  in  the  composition  of  the  corruption 
tribunals  operating  under  the  Buhari-era  decrees,  the  Nigerian 
Bar  Association  lifted  its  1984  boycott  of  the  corruption 
trials  which  had  been  called  in  protest  over  the  absence  of 
legally  trained  tribunal  members.   Future  corruption  trials — 
nearly  800  cases  are  pending — may  be  conducted  in  public 
rather  than  in  camera.   At  the  swearing  in  of  two  new 
corruption  tribunals  in  September,  the  officiating  judge 
cautioned  the  press  to  report  accurately  on  the  trials.   At 
the  end  of  1986,  the  reconstituted  corruption  tribunals  had 
heard  only  one  of  the  pending  cases. 

On  several  occasions  during  1986  the  Babangida  Government 
reiterated  its  commitment  to  uphold  the  integrity  of  the 
judiciary  and  to  redress  past  judicial  wrongs.   On  the  ground 
that  there  may  have  been  a  miscarriage  of  justice,  the 
Government  dismissed  a  judge  and  released  a  popular  jailed 
musician  who  said  the  judge  had  later  admitted  privately  to 


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convicting  him  for  currency  trafficking  in  1984  under  pressure 
from  government  officials.   The  judge  subsequently  denied  the 
charge.   This  celebrated  case  had  been  regarded  by  some 
observers  as  evidence  of  government  interference  with  the 
judiciary  during  the  Buhari  regime. 

f.   Arbitrary  Interference  with  Privacy,  Family,  Home,  or 
Correspondence 

Nigerian  society  is  generally  free  of  arbitrary  interference 
by  the  State  in  the  private  lives  of  its  citizens.   Provisions 
of  the  1979  Constitution  still  in  force  guarantee  rights  of 
privacy  in  the  home,  correspondence,  and  communications. 
General  surveillance  of  the  population  by  the  State  is  not 
practiced.   Forced  entry  into  homes  without  a  warrant  is  not 
generally  permitted.   Under  the  Buhari  regime  police  and 
members  of  the  Nigerian  Security  Organization  occasionally 
entered  homes  and  offices  without  a  warrant  when  seeking 
evidence  in  corruption  cases.   There  is  no  political 
enforcement  of  social,  cultural,  or  religious  codes. 

Section  2   Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press 

The  modified  Nigerian  Constitution  continues  to  guarantee 
freedom  of  expression  and  press.   There  was  no  evidence  of 
overt  government  censorship  of  the  media  in  1986,  and 
President  Babangida  granted  a  full  pardon  to  two  journalists 
who  had  each  spent  1  year  in  jail  for  conviction  under  an 
abrogated  1984  decree  that  curtailed  freedom  to  publish 
information  about  government  officials.   Nevertheless, 
government  officials  did  appeal  to  journalists  on  several 
occasions  to  be  responsible  in  practicing  their  profession. 
In  at  least  two  instances,  the  Government  moved  against 
journalists  considered  to  have  overstepped  government  bounds. 
In  February  a  judicial  panel  charged  and  convicted  a  journalist 
of  contempt  of  court  for  writing  a  news  magazine  article 
critical  of  the  panel  for  its  controversial  ruling  exonerating 
former  President  Shehu  Shagari  and  Vice  President  Alex  Ekwueme 
of  wrong-doing  and  recommending  their  immediate  release  from 
detention.   The  journalist  appealed  the  conviction.   A  radio 
journalist  was  detained  briefly  after  making  an  erroneous 
broadcast  that  the  Voice  of  America  had  reported  that  Nigeria 
was  about  to  accept  an  International  Monetary  Fund  loan,  a 
controversial  domestic  political  issue. 

The  1979  Constitution  reserves  to  the  Federal  and  state 
governments  the  right  to  own  and  operate  radio  and  television 
stations.   Nigeria  has  a  lively  press,  and  there  are  no 
restrictions  on  ownership  of  print  media.   Among  the  vast 
array  of  Nigerian  daily  newspapers  are  four  privately  owned 
national  dailies  with  large  circulations,  one  daily  owned  by 
the  Federal  Government,  and  another  in  which  the  Federal 
Government  owns  a  majority  share.   Some  states  operate  their 
own  daily  newspapers.   In  some  states,  privately  owned  dailies 
compete  with  state  papers.   Four  weekly  news  magazines  vie  for 
national  readership. 

b.  Freedom  of  Peaceful  Assembly  and  Association 

Nigeria's  1979  Constitution  guarantees  the  right  to  peaceful 
assembly  and  association  in  trade  unions  and  special  interest 
associations.   The  provision  granting  persons  the  right  to 
form  or  join  political  parties  remains  suspended.   Decree  9  of 


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1984,  still  in  force,  dissolves  all  political  parties  and 
authorizes  the  Government  to  dissolve  any  other  group 
considered  to  have  objectives  similar  to  those  of  a  political 
party.   Frequently  during  1986,  governitient  officials  reminded 
former  politicians  publicly  that  the  ban  on  political  activity 
and  organizing  remains  in  effect.   In  June  President  Babangida 
announced  the  exclusion  of  former  political  figures  from 
participation  in  partisan  politics  for  a  period  of  10  years 
from  the  resumption  of  political  activity.   All  former  national 
and  state  elected  and  appointed  government  officials  and 
political  party  leaders  from  the  1979-1983  civilian  era  are 
expected  to  be  affected  by  the  ban,  although  the  Government 
has  already  exempted  one  politician  from  the  ban  and  indicated 
that  there  may  be  other  exceptions. 

In  January  the  Government  lifted  bans  on  the  Nigerian  Medical 
Association  (NMA) ,  the  National  Association  of  Residential 
Doctors  (NARD)  and  the  National  Union  of  Nigerian  Students 
(NUNS),  an  organization  virtually  supplanted  during  its  6-year 
proscription  by  the  National  Association  of  Nigerian  Students 
(NANS) . 

In  June  more  than  20  institutions  of  higher  education  were 
closed,  and  NANS  was  banned,  in  the  wake  of  nationwide  campus 
demonstrations  protesting  the  police  killing  of  students  during 
student  disturbances  at  Ahmadu  Bello  University  in  May.   The 
Government  publicly  stated  that  four  persons  died  during  those 
disturbances.   Accusations  by  the  media  that  fatalities  were 
higher  and  that  police  abuses  took  place  at  Ahmadu  Bello 
University  are  unconfirmed.   Following  the  events,  members  of 
the  mobile  police  unit  which  responded  to  the  disturbances 
were  charged  with  culpable  homicide  and  suspended  pending  an 
investigation  into  their  conduct.   The  results  of  the 
investigation  have  not  been  made  public.   In  December  the 
Minister  of  Education  lifted  a  ban,  in  effect  since  June,  on 
student  organizing  on  individual  campuses. 

Despite  guarantees  in  the  1979  Constitution  and  Nigeria's 
ratification  of  28  International  Labor  Organization  (ILO) 
conventions,  there  are  instances  where  government  decrees  and 
policy  continue  to  act  to  restrict  labor  freedoms.   A  1978 
decree  created  a  single  central  labor  body,  the  Nigeria  Labour 
Congress  (NLC),  forcibly  merged  a  number  of  unions  into 
42  industrial  unions,  and  deregistered  all  other  unions.   The 
Government  has  not  responded  to  the  1982  ILO  committee  of 
experts  finding  that  this  decree  violates  ILO  Convention  87  on 
Freedom  of  Association  and  Protection  of  the  Right  to  Organize, 
to  which  Nigeria  is  a  party.   The  1978  decree  also  created 
senior  staff  associations  for  white  collar  workers,  which  a 
1986  decree  explicitly  excluded  from  NLC  membership,  forcing 
two  such  associations  to  withdraw.   Since  1975  government 
policy  has  permitted  international  labor  affiliation  only  with 
the  ILO  and  the  Organization  of  African  Trade  Union  Unity  and 
its  affiliated  Pan-African  Labor  Federations.   In  May  the 
Government  prevented  the  African  regional  meeting  of  the 
International  Transport  Worker's  Federation  (ITWF),  an 
affiliate  of  the  International  Confederation  of  Free  Trade 
Unions,  from  taking  place  in  Lagos  on  grounds  that  the 
membership  of  the  local  host  union  in  the  ITWF  violated 
government  policy.   Government  policy  does  permit,  however, 
informal  "fraternal  relations"  with  foreign  unions  and 
secretariats  as  long  as  there  is  no  formal  affiliation. 

Although  Nigeria's  union  leadership  generally  has  been 
democratically  elected  and  independent  of  government  control. 


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an  exception  occurred  in  October  when  the  Government  gave 
state-appointed  administrators  temporary  control  of  two  unions 
paralyzed  by  leadership  disputes.   The  Government  cited  as  its 
authority  the  1985  National  Economic  Emergency  Decree  which 
granted  the  Government  broad  authority  until  December  1986  over 
labor  matters.   Nigerian  law  and  practice  provide  that  the 
terms  and  conditions  of  labor  will  be  determined  by  collective 
bargaining  agreements  between  management  and  trade  unions. 
However,  a  national  wage  freeze  imposed  in  1984  remains  in 
effect.   Wage  cuts  imposed  by  decree  in  1985  on  all  public  and 
private  sector  employees,  without  regard  to  preexisting 
contracts  or  union  consultation  requirements,  to  finance  a 
National  Economic  Recovery  Fund  were  lifted  in  October.   Some 
categories  of  low-paid  workers  received  a  full  refund  of  their 
mandatory  contribution. 

The  1976  Trade  Disputes  Decree,  which  governs  industrial 
disputes,  provides  for  mediation  by  an  industrial  arbitration 
panel  and  a  national  industrial  court  and  forbids  strikes  and 
lockouts  while  disputes  are  under  mediation  by  these  bodies. 
Although  this  decree  has  been  applied  in  past  disputes,  it  has 
not  always  had  the  intended  effect  of  curtailing  strike 
activity,  as  workers  have  often  ignored  it,  and  the  Government 
has  not  always  enforced  it.   Workstoppages ,  numbering  up  to 
several  hundred  a  year  during  the  1979-1983  civilian  era,  were 
rare  in  1985  and  1986,  reflecting  both  the  weakened  bargaining 
position  of  unions  because  of  depressed  economic  conditions 
and  the  impact  of  warnings  by  the  military  Government  that  it 
would  not  tolerate  "industrial  indiscipline." 

All  Nigerian  workers  16  years  or  older  may  join  trade  unions, 
with  the  exception  of  members  of  the  armed  forces  and 
designated  employees  in  the  essential  government  services 
sector.   Employers  are  obliged  to  recognize  trade  unions  and 
must  pay  a  dues  checkoff  for  employees  who  are  members  of  a 
registered  trade  union.   Nevertheless,  some  unions,  especially 
small  ones,  are  in  serious  financial  difficulty  following  4 
years  of  depressed  economic  conditions.   The  establishment  of 
closed  shops  is  prohibited. 

c.   Freedom  of  Religion 

Constitutional  provisions  guaranteeing  freedom  of  religious 
belief,  religious  practice,  and  religious  education  are 
generally  respected  throughout  Nigeria.   Reports  continue 
of  harassment  of  Christians  by  state  officials  in  the 
predominately  Muslim  North  through  the  imposition  of  excessive 
bureaucratic  requirements  for  church  construction  projects  and 
occasional  refusal  of  permission  to  build.   There  are  no 
restrictions  on  numbers  of  clergy  trained  nor  on  contacts  with 
coreligionists  in  other  countries.   Religious  travel,  including 
the  Hajj,  is  permitted  and  in  some  cases  officially  supported. 
Missionaries  and  foreign  clergy,  though  limited  by  quotas,  are 
permitted  to  enter  Nigeria.   Some  states  require  licenses  for 
religious  services  outside  churches  and  mosques. 

Tensions  between  the  Muslim  and  Christian  communities  of 
Nigeria  surfaced  in  January  when  Nigeria  became  a  member  of 
the  Organization  of  the  Islamic  Conference  (OIC) .   Christians, 
who  comprise  an  estimated  one-third  of  Nigeria's  population, 
charged  that  the  move  contravened  a  constitutional  provision 
declaring  Nigeria  a  secular  state  and  demanded  Nigeria's 
complete  withdrawal  from  the  organization.   Muslims,  who 
comprise  about  45  percent  of  the  population,  argued  that 


232 


NIGERIA 

Nigeria,  with  the  largest  Muslim  population  in  black  Africa, 
should  be  a  member  of  the  organization  and  denied  that 
membership  made  Nigeria  an  Islamic  state.   Government  promises 
to  retain  Nigeria's  multireligious  character  and  the  secular 
status  guaranteed  by  the  Constitution  failed  to  assuage 
Christian  fears,  but  Nigeria  did  not  participate  in  any  QIC 
activities  during  the  year.   At  the  height  of  the  tensions,  in 
a  city  with  a  large  proportion  of  both  Christians  and  Muslims, 
Muslim  blockage  of  an  Easter  procession  of  Christian  worshipers 
resulted  in  violence  that  left  several  persons  injured  and  one 
church  damaged.   The  Government  has  proposed  the  formation  of  a 
council  on  religious  affairs  to  "regulate"  religious  matters. 
Christian  leaders  oppose  the  idea  of  a  council  with  regulatory 
authority. 

The  1982  ban  on  the  Maitatsine  religious  sect  remains  in 
effect.   The  group  still  exists,  however,  and  is  apparently 
being  closely  monitored  by  the  police.   Police  sporadically 
announced  arrests  of  "religious  fanatics",  probably  references 
to  suspected  members  of  the  sect.   Members  of  the  group 
arrested  following  the  1984  Maitatsine  uprising  in  Gongola 
State  are  still  in  custody.   They  may  remain  so  indefinitely, 
according  to  newspaper  reports  quoting  the  state's  Attorney 
General,  for  lack  of  witnesses  willing  to  testify  against  them 
in  court.   More  than  100  have  reportedly  died  of  hunger  and 
malnutrition  since  their  arrest. 

d.   Freedom  of  Movement  Within  the  Country,  Foreign 
Travel,  Emigration,  and  Repatriation 

Nigeria's  Constitution  entitles  citizens  to  move  freely 
throughout  Nigeria  and  to  reside  where  they  wish.   The  same 
provision  prohibits  expulsion  from  Nigeria  or  the  denial  of 
entry  to  or  exit  from  Nigeria  to  any  citizen.   In  general, 
these  provision  have  been  observed.   In  April  police  announced 
the  restriction  of  public  office  holders  from  the  civilian  era 
(1979-1983)  to  their  states  of  origin  or  domicile  and  required 
them  to  report  to  police  commissioners  within  24  hours, 
surrender  their  passports  and  other  travel  documents,  and 
thereafter  report  to  the  police  each  Monday.   Although  a 
number  of  former  politicians  complied  with  the  order,  others 
did  not,  apparently  without  retribution.   The  order,  which  was 
intended  to  control  movements  of  former  public  officials 
pending  the  outcome  of  on-going  investigations,  may  have 
become  irrelevant  in  light  of  the  July  publication  of  the 
government  white  papers  disposing  of  the  cases  under  review  by 
judicial  panels. 

Nigeria's  land  borders,  closed  since  April  1984,  were  opened 
in  March.   The  Government  announced  in  September  that  passport 
validity  will  revert  from  2  to  5  years.   Nigerians  travel 
abroad  in  large  numbers,  and  many  thousands  are  studying 
abroad.   Exit  visas  are  not  required. 

There  has  been  no  forced  resettlement  of  Nigerian  citizens. 
Nigerian  law  and  practice  permit  temporary  refuge  and  asylum 
in  Nigeria  for  political  refugees  from  other  countries. 
Nigeria  supports  and  cooperates  with  the  the  United  Nations 
High  Commissioner  for  Refugees  who  has  an  office  in  Lagos.   No 
known  penalties  have  been  levied  on  Nigerians  who  have 
emigrated,  settled  abroad,  or  acquired  another  nationality. 
However,  Nigeria  does  not  recognize  dual  nationality,  and 
naturalization  in  another  country  does  not  release  Nigerians 
from  Nigerian  laws. 


233 


NIGERIA 

Section  3   Respect  for  Political  Rights:   The  Right  of  Citizens 
to  Change  Their  Government 

The  Armed  Forces  Ruling  Council  (AFRC),  a  28-member  group  of 
military  officers  headed  by  President  Babangida,  is  the  highest 
political  authority  in  Nigeria  and  the  principal  decisionmaking 
body  in  the  Government.   There  is  no  elected  legislative  body, 
and  political  parties  are  prohibited.   The  AFRC  promulgates  all 
laws  by  decree,  and  all  decrees  are  exempt  from  challenge  in 
any  court  of  law.   The  President  appoints  a  Federal  Cabinet, 
currently  composed  of  22  military  and  civilian  ministers  in 
almost  egual  numbers,  which  presides  over  the  executive 
departments  and  comprises  the  Council  of  Ministers.   Military 
governors  head  the  19  state  governments.   Together  with  the 
President,  the  19  state  governors  constitute  a  National 
Council  of  States. 

President  Babangida  has  set  1990  as  the  date  for  returning 
Nigeria  to  civilian  rule.   Although  no  formal  political 
structures  exist  to  allow  popular  input  into  government 
decisionmaking,  Babangida  has  encouraged  the  public  to  become 
involved  in  deciding  what  form  the  next  civilian  government 
should  take.   In  January  the  President  appointed  a  19-person 
political  bureau  to  organize  and  implement  a  nationwide  debate 
on  Nigeria's  political  future  and  to  synthesize  public 
commentary  into  recommendations  for  him  by  the  end  of  the  year. 
Like  the  public  debate  in  1985  over  acceptability  of  an 
International  Monetary  Fund  stabilization  loan,  the  1986  debate 
on  Nigeria's  political  future  was  conducted  in  the  media,  in 
the  forums  of  professional  organizations,  and  in  written 
testimony  provided  directly  to  the  political  bureau  by  a  wide 
range  of  persons,  including  university  professors,  businessmen, 
religious  leaders,  and  former  politicians. 

The  composition  of  the  current  Government  reflects  greater 
ethnic  and  religious  diversity  than  any  government  in  the 
recent  past.   However,  there  are  currently  no  women  on  the 
AFRC  or  in  the  Federal  Cabinet,  although  some  women  serve  as 
commissioners  in  state  governments. 

Section  4   Governmental  Attitude  Regarding  International  and 

Nongovernmental  Investigations  of  Alleged  Violations 
of  Human  Rights 

The  Babangida  Government  has  pledged  that  it  will  uphold  basic 
human  rights.   The  Human  Rights  Committee  of  the  Nigerian  Bar 
Association  (NBA)  monitors  the  domestic  human  rights  situation 
and  has  consistently  spoken  out  against  human  rights  abuses. 
The  NBA  objected  strongly  to  the  Government's  move  to  extend 
its  detention  powers,  and  the  Government  rescinded  the  decree 
in  question.   At  least  two  other  groups  also  monitor  human 
rights  in  Nigeria.   One,  the  Nigerian  Council  of  Human  Rights, 
an  independent  organization  formed  in  1985,  issued  a  statement 
commending  the  Government  for  amending  1984  decrees  but  called 
for  repeal  of  the  decree  allowing  detention  without  trial. 
Another  group.  Citizens  for  Human  Rights,  commended  the 
Babangida  Government  for  its  human  rights  record.   The 
Government  has  taken  no  measures  against  these  organizations 
or  their  individual  members  for  their  watchdog  activities. 
The  former  chairman  of  the  NBA  human  rights  committee  continues 
to  hold  the  post  of  Attorney  General  and  Minister  of  Justice. 

Nigeria  hosted  two  recent  international  human  rights 
conferences,  including  the  Pan  African  Conference  on  Human 
Rights  and  Africa's  Cultural  Heritage  in  September.   Speakers 


234 


NIGERIA 

included  Nigeria's  former  Head  of  State  General  Yakubu  Gowon, 
who  returned  from  self -exile  in  the  United  Kingdom  to 
participate.   Amnesty  International  maintains  an  office  in 
Lagos  and  circulates  a  monthly  newsletter.   Its  annual  human 
rights  reports  receive  press  attention. 

Section  5   Discrimination  Based  on  Race,  Sex,  Religion, 
Language,  or  Social  Status, 

There  is  no  official  policy  of  systematic  discrimination  among 
Nigeria's  diverse  ethnic  and  religious  groups,  and  laws  do  not 
overtly  favor  one  group  over  another.   The  Government  generally 
makes  a  conscious  effort  to  strike  a  balance  among  different 
groups  in  its  decisionmaking  and  in  appointments  to  key 
governmental  positions.   However,  Nigeria  has  a  long  history 
of  tension  among  the  diverse  ethnic  groups,  and  tradition 
continues  to  impose  considerable  pressure  on  individual 
government  officials  to  favor  their  own  ethnic  or  religious 
group.   Allegations  of  favoritism  persist. 

Women  have  always  had  economic  power  and  have  exerted  influence 
in  Nigerian  society  through  women's  councils  or  through  their 
family  connections.   There  has  been  a  dramatic  increase  in  the 
number  of  women  who  have  university  degrees  and  who  have  become 
professionals,  including  teachers,  lawyers,  doctors,  judges, 
senior  government  officials,  media  figures,  and  business 
executives.   But  despite  a  degree  of  economic  independence, 
women  suffer  legal  discrimination,  experience  social 
inferiority,  have  virtually  no  representation  in  the  political 
arena,  and  despite  their  achievements,  are  often  discriminated 
against  in  employment.   The  pattern  and  specific  features  of 
discrimination  against  women  vary  according  to  the  ethnic  and 
religious  diversity  of  Nigeria's  vast  population.   In  some 
states,  husbands  can  prevent  their  wives  from  obtaining 
employment  or  passports.   In  many  states,  a  widow  cannot 
inherit  her  husband's  property,  which  in  the  absence  of 
children  usually  reverts  to  the  husband's  family.   Women  do 
not  receive  equal  pay  for  equal  work,  and  male  professionals 
receive  fringe  benefits  not  extended  to  their  female 
counterparts.   Female  circumcision,  which  has  never  become  a 
major  public  issue,  is  still  practiced  in  many  areas. 

CONDITIONS  OF  LABOR 

Nigeria's  1974  labor  decree  establishes  a  40-hour  work  week, 
prescribes  2  to  4  weeks  of  annual  leave,  and  sets  a  minimum 
wage  for  commerce  and  industry  of  125  naira  per  month,  equal 
to  about  $40  after  the  September  devaluation.   The  labor  law 
prohibits  employment  of  children  under  15  in  commerce  and 
industry,  restricts  other  child  labor  to  home-based 
agricultural  or  domestic  work,  and  allows  the  apprenticeship 
of  youths  aged  13-15  only  under  specified  conditions.   It 
contains  general  health  and  safety  provisions,  some  aimed 
specifically  at  young  and  female  workers,  enforceable  by  the 
Ministry  of  Employment,  Labour,  and  Productivity.   Employers 
must  compensate  injured  workers  and  dependent  survivors  of 
those  fatally  injured  in  industrial  accidents. 


235 


U.S.OVERSEftS 


•LOANS  AND  GRANTS-  OBLIGATIONS  AND  LOAN  AUTHORIZATIONS 
(U.S. FISCAL  YEARS  -  MILLIONS  OF  DOLLARS) 


COUNTRY:  NIGERIA 


1984 


1985 


1986 


.HCON. 
LO 
GR 
A.  AID 
LO 
GR 
(SEC 
3. FOOD 
LO 
GR 
TITLE 
?EPAY 
PAY. 
TITLE 
E.REL 
VOL.  R 
C.OTHE 
LO 
GR 


ASSIST, 
ANS.  ..  . 

ANTS.... 


■TOTAL.. 


AtJS 

ANTS , 

.SUPP. ASSIST.) .,  . 

FOR     PEACE 

ANS 

ANTS , 

I-TOTAL 

.     1"^     $-LOANS..... 

IN    FOR.     CURR 

II-TOTAL 

lEF.EC.OEV    i    WFP, 

ELIcF  AGENCY 

R  ECON.  ASSIST... 

ANS 

ANTS 

PEACE  CORPS 

NARCOTICS 

OTHER 


0.0 
0.0 
0.3 
0.0 
0.0 
0.0 
0.0 
0.0 
0.0 
0.0 
0.0 
0.0 
0.0 
0.0 
0.0 

o.o 

0.0 
0.0 
0.0 
0.0 
0.0 
0.0 


D.O 
0.0 
0.0 
0.0 
0.0 
0.0 
0.0 
0.0 
0.0 
0.0 
0.0 
0.0 
0.0 
0.0 
0.0 
D.O 
0.0 
0.0 
0.0 
0.0 
0.0 
0.0 


0.0 
0.0 
0.0 
0.0 
0.0 
0.0 
0.0 
0.0 
0.0 
0.0 
0.0 
0.0 
D.O 
0.0 
0.0 
0.0 


II.MIL.  ASSIST. -TOTAL, 

LOANS , 

GRANTS , 

4. MAP  GRANTS , 

3. CREDIT  FINANCING.. 
:.INTL  MIL.EO.TRNG.. 
D.TRAN-EXCESS  STOCK. 
£. OTHER  GRANTS 


0.0 
0.3 
0.0 
0.3 
0.0 
0.0 
0.0 
0.0 


0.0 
0.0 
0.0 
0.0 
D.O 
0.0 
0.0 
0.0 


0.1 
0.0 
0.1 
0.0 
0.0 
0.1 
0.0 
0.0 


III. TOTAL  ECON, 

LOANS 

GRANTS.  .  .. 


5  MIL, 


0.3 
0.0 
0.0 


D.O 

0.0 
0.0 


2.1 

0.0 
2.1 


OTHER  US  LOANS..........           O.D 

0.0       D.O 

E<-IM  BANK  LOANS 0.0 

ALL  OTHER 0.0 

D.O       D.O 
0.0       0.0 

ASSISTANCE  FROM  IfJT  ER  NAT  ION  AL  AGENCIES 
19B4      1985      1986 

1946-86 

TOTAL 

487.6 

125.4 

333.1 

3327.8 

IBRD 

438.0 

119.0 

312.9 

3001  .2 

IFC 

4.9 

2.5 

20.2 

50.0 

lOft 

0.0 

0.0 

0.0 

3  5,.  3 

IDS 

3.0 

0.0 

0.0 

0.0 

A03 

0.0 

0.0 

0.0 

0.0 

AFOB 

3.0 

0.3 

.  0.0 

9.6 

UNDP 

4.7 

3.9 

0.0 

93.7 

OTHER-UN 

D.O 

0.0 

0.0 

48.0 

EEC 

43. 0 

0.0 

0.0 

90.0 

236 


RWANDA 


Major  General  Juvenal  Habyarimana  has  headed  the  Government 
since  his  accession  to  power  in  a  nonviolent  coup  in  1973. 
The  President  is  also  the  founder  of  the  single  party,  the 
National  Revolutionary  Movement  for  Development  (MRND) . 
Government  policy  is  set  by  the  President  in  consultation  with 
the  party's  central  committee  and  the  Council  of  Ministers. 
Laws  are  adopted  by  the  National  Development  Council  (the 
legislature),  which  was  established  in  1982.   In  December 
1983,  President  Habyarimana,  the  sole  candidate,  was  reelected 
along  with  a  new  slate  of  deputies.   Although  the  legislative 
candidates  had  to  be  approved  by  the  party,  the  race  was  open 
to  almost  all  who  chose  to  run. 

The  major  organizations  responsible  for  administration  of 
justice  include  the  Ministry  of  Justice,  which  controls  the 
courts,  the  judicial  police,  and  the  prison  system;  and  the 
gendarmerie,  a  paramilitary  force  which  receives  specialized 
police  training.   In  addition,  the  Central  Intelligence 
Service  in  the  Office  of  the  President  can  make  certain 
decisions  which  may  not  be  appealed,  such  as  denial  of 
passports  to  Rwandan  citizens  or  the  extension  of  visas  and 
residence  permits  to  foreigners. 

Most  Rwandans  are  poor  rural  farmers.   There  is  little 
industry,  and  imports  are  expensive  because  of  high 
transportation  costs.   Nevertheless,  food  production  has 
managed  to  keep  pace  with  the  high  population  growth  rate. 

The  Constitution  guarantees  fundamental  human  rights,  and  the 
Government,  including  the  President,  emphasizes  respect  for 
the  rule  of  law.   Although  the  human  rights  situation  in 
Rwanda  has  generally  improved  in  recent  years,  one  development 
of  major  concern  in  1986  was  the  trial  of  295  members  of  minor 
religious  sects,  accused  of  inciting  disobedience  to  legal 
authority.   All,  including  11  minors,  were  sentenced  to  terms 
of  4  to  12  years. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1   Respect  for  the  Integrity  of  the  Person,  Including 
Freedom  from: 

a.  Political  Killing 

There  were  no  reports  of  politically  motivated  killings  or 
summary  executions. 

b.  Disappearance 

Unexplained  disappearances  have  not  occurred  in  recent  years. 

c.  Torture  and  Cruel,  Inhuman,  or  Degrading  Treatment  or 
Punishment 

There  were  no  reports  of  torture  in  1986.   In  the  past. 
Amnesty  International  has  noted  allegations  of  torture  made  in 
court  by  political  prisoners,  involving  forced  confessions  and 
electrical  shocks,  but  has  also  noted  the  Minister  of 
Justice's  efforts  to  punish  security  and  police  officials 
found  to  have  ill-treated  prisoners. 

Conditions  in  the  overcrowded  prisons  are  generally  poor. 
Guard  training  is  inadequate.   Although  Amnesty  International 
has  not  released  its  report  on  its  May  3-10,  1986,  visit  to 


237 


RWANDA 

Rwanda,  the  delegation  leader  indicated  on  a  local  radio 
interview  before  departure  that  the  team  had  been  impressed 
with  the  progress  toward  improving  prison  conditions.   The 
Government  attempts  to  cope  with  overcrowding  in  part  by 
periodic  amnesties  of  persons  who  have  served  half  their  terms 
or  have  fewer  than  5  years  to  serve.   The  most  recent  amnesty 
was  announced  in  September  1986. 

d.  Arbitrary  Arrest,  Detention,  or  Exile 

Except  for  suspects  caught  in  the  act  of  committing  crimes, 
arrests  are  normally  made  with  a  warrant  following 
investigation.   In  most  cases,  charges  must  be  formally  stated 
in  the  defendant's  presence  within  5  days  of  arrest.   Failure 
to  meet  that  requirement  is  grounds  for  dismissal  of  the 
charges.   Under  preventive  detention  provisions,  persons  may 
be  held  for  30  days,  if  public  safety  is  believed  to  be 
threatened,  if  the  accused  might  flee,  or  if  the  penalty 
carries  a  minimum  sentence  of  6  months.   At  the  end  of  that 
period,  a  judicial  review  is  mandatory.   If  warranted,  the 
detention  can  be  prolonged  indefinitely  for  30-day  periods. 
These  provisions  were  rarely  invoked  during  1986.   Detainees 
may  appeal  their  incarceration,  and  the  appeal  must  be  heard 
within  24  hours  by  a  competent  judicial  authority.   There  were 
no  known  exceptions  to  the  legally  mandated  warrant  procedures 
and  no  detentions  for  political  offenses  in  1986.   The  Ministry 
of  Justice  schedules  official  visits  to  prisons  to  ascertain 
that  the  proper  documentation  exists  for  each  detainee. 

Rwandan  law  prohibits  forced  labor.   Sentencing  to  exile  does 
not  exist . 

e.  Denial  of  Fair  Public  Trial 

The  judiciary  is  statutorily  independent  and  expected  to  apply 
the  penal  code  impartially,  but  the  President  appoints  and 
dismisses  magistrates.   New  laws  in  January  1982  strengthened 
the  independence  of  the  judiciary  somewhat  by  improving  the 
process  of  selecting  judicial  personnel  and  more  closely 
defining  their  functions.   The  administration  of  justice  has 
been  hampered  by  poor  management  and  a  generally  low  level  of 
education  among  civil  servants.   The  Ministry  of  Justice  is 
conducting  training  programs  for  officials  and  judges  and 
plans  to  establish  a  magistrate  training  center. 

All  defendants  are  constitutionally  entitled  to  counsel,  but  a 
shortage  of  lawyers  and  the  lack  of  a  constituted  bar  makes  it 
difficult  for  the  accused  to  prepare  an  adequate  defense. 
Family  and  other  nonprofessional  counsel  is  permitted.   Trials 
which  arouse  extensive  public  interest  are  often  broadcast  to 
the  street  to  permit  persons  who  cannot  be  seated  in  the 
courtroom  to  follow  the  proceedings. 

Rwanda  has  three  separate  court  systems  for  criminal/civil, 
military,  and  state  security  cases.   All  but  security  cases 
may  ultimately  be  appealed  to  the  Court  of  Appeals.   The  State 
Security  Court  has  jurisdiction  over  national  security  charges 
such  as  treason.   Some  cases  tried  before  this  court  have 
resulted  in  innocent  verdicts. 

The  Minister  of  Justice  stated  in  September  1986  that  Rwanda 
was  holding  10  prisoners  convicted  of  crimes  against  domestic 
security.   Presumably  this  figure  includes  Theoneste  Lizinde, 
the  former  Chief  of  State  Security,  who  along  with  four 
codefendants  was  sentenced  to  death  in  1985.   The  appeals 


238 


RWANDA 

process  in  their  cases  is  still  in  progress,  and  it  is 
uncertain  whether  the  death  sentences  will  actually  be  carried 
out.   Amnesty  International  in  its  1986  Report  noted  its 
concern  that  Lizinde  and  other  former  government  officials 
were  tried  in  secret,  apparently  without  counsel,  and  that  the 
trials  did  not  meet  accepted  international  standards. 

In  October  1986,  295  members  of  religious  sects  not  recognized 
by  the  State  were  convicted  of  inciting  rebellion  against 
local  authority,  disobedience  of  legitimate  laws,  and  unlawful 
public  meeting.   The  accused  were  sentenced  to  prison  terms 
ranging  from  4  to  12  years.   Although  the  trial  was  reportedly 
conducted  in  accordance  with  local  rules  of  due  process,  the 
sentences  were  unnecessarily  harsh  for  crimes  basically 
equivalent  to  civil  disobedience.   If  they  are  in  fact 
required  to  serve  more  than  token  prison  sentences,  members  of 
this  group  could  be  considered  political  prisoners.   During 
1986,  Amnesty  International  expressed  concern  about  the 
sentencing  of  the  religious  nonconformists. 

f.   Arbitrary  Interference  with  Privacy,  Family,  Home,  or 
Correspondence 

Rwandans  are  subject  to  some  interference  in  their  private 
lives.   Police  are  normally  required  to  have  warrants  before 
entering  a  private  residence  but,  using  the  pretext  of 
checking  required  documentation,  authorities  can  gain  entry 
into  homes  without  warrants. 

There  is  no  evidence  that  the  Government  monitors  private 
correspondence,  and  the  receipt  of  foreign  publications  is 
permitted.   Rwandans  have  the  right  to  own  property. 

Section  2   Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press 

The  law  guarantees  freedom  of  speech  and  press,  but  public 
criticism  of  the  Government,  and  especially  the  military,  is 
rare.   This  is  probably  due  as  much  to  the  tradition  of 
respecting  authority  and  social  pressure  to  conform  as  to  fear 
of  government  sanction.   Candidates  in  the  1983  legislative 
elections  were  restricted  to  expressing  opinions  and 
advocating  policies  sanctioned  by  party  doctrine.   However, 
some  members  of  the  National  Development  Council  have 
criticized  government  policies  from  the  floor  of  the  Council. 

The  Government  produces  radio  broadcasts,  a  daily  press 
bulletin,  and  a  weekly  newspaper.   Two  Catholic  church 
publications  sometimes  print  muted  criticism  of  political  and 
economic  conditions.   Such  criticism  is  tolerated  and 
occasionally  even  encouraged  by  the  Government.   There  is  no 
record  of  any  journalist  having  been  arrested  for  what  he  has 
written.   The  Government  has  cautioned  the  press,  however,  to 
avoid  what  it  regards  as  "harmful"  criticism  of  leaders  and 
maintains  that  the  press  should  devote  its  efforts  to 
"promoting  development."   Books  and  imported  publications  are 
not  censored,  and  academic  freedom  of  inquiry  and  research  is 
respected  at  the  university. 

b.  Freedom  of  Peaceful  Assembly  and  Association 

Freedom  of  assembly  is  limited.   No  public  meetings  or 
demonstrations  are  permitted  if  there  is  any  chance  they  will 
result  in  expressions  of  overt  opposition  to  government 


239 


RWANDA 

policies.   The  Government  permits  private  associations, 
including  a  wide  variety  of  religious  denominations,  but 
requires  that  they  be  registered  and  accorded  legal 
recognition. 

The  Rwandan  labor  code  grants  workers  the  right  to  organize 
"professional  organizations."   If  such  organizations  establish 
a  collective  bargaining  agreement  with  the  employer,  they  may 
negotiate  salaries  and  terms  of  employment.   No  unions 
currently  exist,  but  the  Government  is  in  the  process  of 
forming  a  labor  union,  the  Central  Union  of  Rwandan  Workers 
(CESTRAR),  which  is  expected  to  begin  functioning  in  early 
1987.   Membership  is  open  to  all  salaried  workers.   The  union 
will  be  affiliated  with  the  party,  which  will  approve  the 
slate  of  candidates  for  offices.   Members  will  have  the 
theoretical  right  to  strike,  but  only  with  the  approval  of  the 
executive  bureau.   In  organizational  meetings,  the  provisional 
directors  of  CESTRAR  indicated  that  its  objectives  will 
include  ensuring  that  labor  contributes  to  the  development  of 
the  nation  and  transcends  the  parochial  interests  of 
individual  workers  and  trades.   The  Government  has  permitted 
seminars  on  labor  issues  organized  by  unofficial  local  trade 
organizations  which  receive  some  support  from  foreign  labor 
confederations  and  the  International  Labor  Organization. 

c.  Freedom  of  Religion 

Freedom  of  religion  is  guaranteed  by  the  Constitution  and  is 
generally  respected.   The  population  is  70  percent  Christian 
and  1  percent  Muslim,  with  the  remainder  following  traditional 
African  or  no  religious  practices.   Eighty  percent  of  the 
Christians  are  Roman  Catholic,  but  there  are  active  Protestant 
denominations.   The  Roman  Catholic  Archbishop  of  Kigali,  who 
had  been  a  member  of  the  MRND  central  committee,  resigned  from 
the  committee  in  January  1986,  apparently  to  bring  his  status 
into  accord  with  Vatican  doctrine.   The  Government  depends 
upon  church-sponsored  schools  for  a  considerable  portion  of 
education  in  Rwanda  (over  85  percent  of  secondary  schools  are 
church  sponsored) . 

The  Government  does  not  openly  favor  one  religion  over  another, 
but  in  1986  prosecuted  295  members  of  minor  religious  sects — 
the  Abarokore,  Abatampera,  Abantu  B'imana  Bihana,  and  Jehovah's 
Witnesses — for  inciting  disobedience  to  legal  authority.   The 
offenses  included  refusal  to  participate  in  political  party 
activities  and  to  pay  party  dues,  holding  unauthorized 
religious  meetings  and,  in  some  cases,  failure  to  participate 
in  required  community  service  work.   The  accused  were 
prosecuted  under  specific  provisions  of  the  penal  code,  and 
the  Government  argues  that  they  are  not  being  persecuted  for 
their  religious  beliefs.   The  accused  reportedly  maintain  that 
allegiance  to  political  entities  is  against  their  religion. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign 
Travel,  Emigration,  and  Repatriation 

Freedom  of  movement  and  residence  within  Rwanda  is  restricted 
by  laws  and  regulations  which  require  people  to  hold  national 
identity  cards  and  residence  and  work  permits.   People  who 
wish  to  spend  more  than  3  days  in  a  township  other  than  their 
own  must  obtain  permission  from  the  authorities  of  the  area 
they  will  be  visiting.   Police  conduct  periodic  checks, 
especially  in  urban  areas,  and  return  all  those  not  registered 
in  the  locality  to  their  own  township.   Property  owners  who  do 
not  require  tenants  to  show  valid  documentation  are  subject  to 


I 


240 


RWANDA 

fines  and  even  imprisonment.   "Clandestine"  tenants  are 
subject  to  expulsion. 

Foreign  travel  is  closely  controlled  through  the  granting  or 
refusal  of  passports,  preceded  by  a  security  check  of  each 
applicant  by  the  Central  Intelligence  Service.   Rwandans  often 
are  denied  permission  to  travel  abroad,  usually  without  formal 
explanation.   Properly  documented  Rwandans  may  emigrate. 

Official  policy  permits  people  who  left  Rwanda  as  refugees 
during  the  revolution  or  for  other  reasons  to  be  repatriated 
on  a  case-by-case  basis,  but  the  Government  discourages  any 
mass  return  on  the  grounds  that  the  overpopulated  land  and 
underdeveloped  economy  could  not  sustain  the  burden.   However, 
the  Government  has  recognized  the  citizenship  claims  of  some 
of  the  persons  forced  into  the  country  from  Uganda  in  October 
1982.   Throughout  1986  it  continued  resettling  2,500  of  those 
recognized  as  Rwandans. 

Section  3   Respect  for  Political  Rights:   The  Right  of  Citizens 
to  Change  Their  Government 

Rwandans  have  no  opportunity  to  change  their  government 
through  a  free  choice  of  alternative  candidates  from  opposing 
parties.   The  party,  the  sole  body  permitted  political 
activity,  makes  all  policy  decisions  and  nominations  of 
candidates  for  public  office.   It  in  turn  is  dominated  by  its 
president,  who  chooses  the  secretary-general  and  central 
committee,  and  is  the  only  constitutionally  recognized 
candidate  for  president.   Every  citizen  is  automatically  a 
party  member  and  required  to  pay  party  dues  on  a  sliding  scale 
representing  1  or  2  days'  pay  per  year.   Delegates  are  both 
elected  and  appointed  to  the  party's  governing  national 
congress,  which  meets  every  2  years  (most  recently  in  December 
1985).   The  essential  function  of  the  congress  is  to  endorse 
the  programs  presented  by  the  party  leadership. 

Only  candidates  approved  by  the  party  may  run  for  the 
legislature,  the  National  Development  Council.   The  President 
can  also  veto  candidates  for  the  Council.   Within  the 
one-party  system,  the  voters  can  and  do  exercise  some 
influence  on  the  process,  as  demonstrated  by  the  fact  that 
many  incumbents  have  been  defeated  in  recent  elections. 

Section  4   Governmental  Attitude  Regarding  International  and 

Nongovernmental  Investigation  of  Alleged  Violations 
of  Human  Rights 

Rwanda  has  made  a  concerted  effort  in  recent  years  to 
participate  in  human  rights  activities  and  to  improve  its 
human  rights  record.   Representatives  of  the  International 
Committee  of  the  Red  Cross  (ICRC)  have  made  periodic  visits  to 
prisons.   There  were  no  reports  of  requests  for  outside 
investigations  of  alleged  human  rights  violations  in  1986.   A 
delegation  from  Amnesty  International  visited  Rwanda  May  3-10, 
1986,  and  received  extensive  cooperation  from  the  Government. 
The  delegation  visited  a  number  of  prisons,  interviewed 
prisoners,  including  political  prisoners,  and  met  with  the 
President,  the  Minister  of  Justice,  and  many  other  officials. 
Rwanda  is  a  signatory  to  the  International  Covenants  on 
Economic,  Social  and  Cultural  Rights  and  on  Civil  and 
Political  Rights  and  the  Organization  of  African  Unity's 
African  Charter  of  Human  and  Peoples'  Rights.   Rwanda  is  also 
a  member  of  the  U.N.  Human  Rights  Commission. 


241 


RWANDA 

Section  5  Discrimination  Based  on  Race,  Sex,  Religion, 
Language,  or  Social  Status 

Rwanda's  preindependence,  traditional,  feudal  society,  which 
was  dominated  by  the  Tutsi  ethnic  group  (10  percent  of  the 
population,  according  to  the  1978  census),  was  transformed  in 
1959  by  a  revolution  of  the  majority  Hutu  (89  percent  of  the 
population)  into  a  society  with  a  greater  emphasis  on 
individual  rights.   An  ethnic  majority  government  confirmed 
these  internal  changes  at  independence  in  1962.   During  the 
next  decade,  Hutu  efforts  to  redress  the  social,  economic,  and 
educational  imbalance  led  to  division  and  corruption  among  the 
Hutus  and  to  sporadic  ethnic  strife.   This  gave  rise  to  the 
coup  d'etat  which  brought  President  Habyarimana  to  power. 

The  Constitution  states,  "all  citizens  are  equal  before  the 
law,  without  any  discrimination,  notably  that  of  race,  color, 
origin,  ethnicity,  clan,  sex,  opinion,  religion  or  social 
position."   However,  the  requirement  that  ethnic  origin  be 
listed  on  identity  documents  helps  to  ensure  that  informal 
quotas  corresponding  to  the  Hutu/Tutsi  ratio  in  society  are 
not  exceeded.   The  Tutsi  minority  has  in  fact  been  relegated 
to  a  minor  role  in  government,  civil  service,  and  the  military 
but  is  better  represented  in  private  business. 

Following  the  Government's  steps  to  restrict  the  activities  of 
some  religious  groups,  there  have  been  indications  of 
discrimination  based  on  religious  affiliation.   For  example, 
one  high  ranking  government  official  was  reportedly  threatened 
with  arrest  because  of  his  membership  in  the  Jehovah's 
Witnesses  sect,  and  three  Jehovah's  Witnesses  were  fired  from 
the  Ministry  of  Transport  and  Communication  for  their 
religious  beliefs. 

Women  perform  most  of  the  agricultural  labor  and  have 
benefited  less  than  men  from  social  development.   Despite  the 
language  in  the  Constitution,  women's  rights  to  property  are 
limited,  and  women  are  not  treated  equally  in  divorce 
proceedings.   Moreover,  women  have  fewer  chances  for 
education,  employment,  and  promotion,  often  because  society 
expects  them  to  remain  in  uneducated  traditional  roles  at 
home.   Family  planning  services  are  still  inadequate  but  are 
improving.   There  are  virtually  no  day-care  services  for 
children  of  mothers  who  wish  to  work.   There  are  few 
organizations  promoting  women's  interests,  and  efforts  to 
establish  a  national  women's  organization  within  the  party 
have  been  unsuccessful  to  date.   Women  play  a  marginal  role  in 
political  life.   Nevertheless,  there  are  now  3  women  in  the 
party's  21-member  central  committee,  and  9  women  among  the  70 
legislative  deputies.   There  are  also  a  number  of  women  on 
councils  at  the  local  level. 

CONDITIONS  OF  LABOR 

In  the  wage  sector,  children  under  18  are  not  permitted  to 
work  without  their  parents'  or  guardian's  authorization,  and 
they  may  not  work  at  night  except  under  exceptional 
circumstances  on  a  temporary  basis.   The  Minister  responsible 
for  labor  affairs  may  grant  work  permission  to  a  child  under 
14.   This  Minister  also  sets  the  minimum  wage  and  overtime 
rates.   Hours  of  work  and  occupational  health  and  safety  in 
the  modern  wage  sector  are  controlled  by  law  and  enforced  by 
labor  inspectors. 


242 


U.  S.OVERSEIS 


•LOANS  ftND  GRANTS-  OBLIGATIONS  ANO  LOAN  AUTHORIZATIONS 
(U.S. FISCAL  YEARS  -  MILLIONS  OF  DOLLARS) 


COJNTRY:  RWANDA 


1  934 


1935 


1986 


[.£CON.  ASSIST. -TOTAL. .  , 

LOANS , 

GRANTS 

A.  AID 

LOANS • 

GRANTS 

(SEC. SUPP. ASSIST.).., 

B. FOOD  FOR  PEACE 

LOANS 

GRANTS 

TITLE  I-T3TAL , 

REPAY.  IN  $-LOANS.... 
PAY.  IN  FOR.  CURR..  ..  , 

TITLE  II-TOTAL , 

E. RELIEF. EC. DEV  5  WFP, 

VOL. RELIEF  AGENCY.  .  ... 

C. OTHER  ECON.  ASSIST.., 

LOANS , 

GRANTS , 

PEACE  CORPS , 

NARCOTICS , 

OTHER 


II. ^IL.  ASSIST. -TOTAL. 

LOANS , 

GRANTS , 

4. MAP  GRANTS 

B. CREDIT  FINANCING., 
C.INTL  MIL.ED.TRNG. , 
O.TRAH-cXCESS  STOCK, 
E. OTHER  GRANTS 


III. TOTAL  ECON.  &  MIL, 

LOANS 

GRANTS 


12.3 

24.7 

7.0 

0.0 

0.0 

0.0 

12.8 

24.7 

7.0 

8.3 

18.8 

6.9 

0.0 

0.0 

0.0 

3.3 

13.8 

6.9 

0.0 

12.0 

0.0 

4.4 

5.8 

0.0 

0.0 

0.0 

0.0 

4.4 

5.8 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

4.4 

5.8 

0.0 

0.4 

1.6 

0.0 

4.0 

4.2 

0.0 

0.1 

0.1 

0.1 

0.0 

0.0 

0.0 

0.1 

0.1 

0.1 

0.1 

0.1 

0.1 

0.0 

0.0 

0.0 

o-.o 

0.0 

0.0 

O.D 

0.1 

0.1 

0.0 

0.0 

0.0 

0.0 

0.1 

0.1 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.1 

0.1 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

12.8 

24.8 

7.1 

0.0 

0.0 

0.0 

12.3 

24.8 

7.1 

OTHER  US  LOANS.' 0.3 

0. 
0, 
0, 

.0       0. 
.0       0. 
.0       0. 

,0 

£X-IM  BANK  LOANS 0.0 

ALL  OTHER 0.0 

.0 
■  0 

ASSISTANCE  FROM  INTERNATIONAL  AGENCIES 
1984      1985      1986 

1946-86 

TOTAL 

43.3 

22.3 

59.1 

515.0 

IBRD 

3.0 

0.0 

0.0 

0.0 

IFC 

0.3 

0.0 

0.0 

1.1 

IDA 

9.0 

16.3 

59.1 

293.8 

ID3 

0.0 

0.0 

0.0 

0.0 

A03 

3.0 

0.3 

0.0 

0.0 

AFD3 

30.3 

4.9 

,  0.0 

113.7 

UNDP 

1.2 

1.1 

0.0 

35.9 

OTHER-UN 

3.0 

0.0 

0.0 

10.3 

EEC 

0.0 

0.0 

0.0 

60.2 

243 


SAO  TOME  8.  PRINCIPE* 


Sao  Tome  and  Principe  has  been  a  one-party  state  since  gaining 
independence  from  Portugal  in  July  1975.   Effective  political 
power  is  concentrated  in  the  Presidency  and  the  party,  the 
Movement  for  the  Liberation  of  Sao  Tome  and  Principe  (MLSTP) . 
The  country  is  composed  of  two  small  islands  off  the  west  coast 
of  Africa  with  a  total  population  of  about  105,000.   At 
independence,  Manuel  Pinto  da  Costa,  the  leader  of  the 
political  party,  was  chosen  President  without  opposition  by  the 
party  and  the  Popular  Assembly,  constitutionally  the  supreme 
organ  of  state  and  highest  legislative  body.   The  party 
reconfirmed  him  for  a  third  5-year  term  in  September  1985. 

No  political  opposition  is  permitted  outside  the  party.   Small 
opposition  groups  in  exile  in  Portugal  and  Gabon  have  thus  far 
shown  no  evidence  of  being  able  to  influence  events  on  the 
islands.   There  is  no  known  organized  political  opposition  in 
Sao  Tome  itself.   There  are  approximately  75  Cuban  technical 
advisors,  and  the  small  Sao  Tomean  army  is  reinforced  by 
approximately  500  troops  from  Angola. 

In  the  past  the  Government  drew  heavily  on  Marxist-Leninist 
principles,  stressing  state  control  of  the  means  of 
production.   With  a  deteriorating  economic  situation,  state 
control  was  reduced  and  the  private  sector  was  strengthened. 
The  steady  decline  in  cocoa  exports,  which  account  for  90 
percent  of  Sao  Tome's  exports,  reflected  both  lower  world 
prices  and  serious  management  problems  on  the  nationalized 
plantations.   Inadequate  rainfall  since  1983  has  further 
reduced  the  production  of  all  crops,  resulting  in  serious  food 
shortages  and  the  need  for  food  assistance  from  the  United 
States  and  other  Western  countries.   In  September  1986,  the 
first  trilateral  development  assistance  agreement  between  Sao 
Tome  and  Principe,  Portugal,  and  the  United  States  was  signed. 
The  Soviet  Union  signed  an  aid  agreement,  for  the  purchase  of 
Soviet  consumer  goods,  in  January  1986. 

There  was  no  known  change  in  the  overall  human  rights  situation 
in  1986.  Freedoms  of  speech,  press,  and  assembly  are 
circumscribed,  but  some  public  criticism  of  government  policies 
is  permitted.  All  news  media  are  under  government  control.  On 
May  23,  1986  Sao  Tome  and  Principe  ratified  the  Organization  of 
African  Unity  Charter  on  Human  and  Peoples'  Rights. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1   Respect  for  the  Integrity  of  the  Person,  Including 
Freedom  from: 

a.  Political  Killing 

There  were  no  reports  of  political  killings. 

b.  Disappearance 

There  were  no  reports  of  politically  motivated  disappearance. 

c.  Torture  and  Cruel,  Inhuman,  or  Degrading  Treatment  or 
Punishment 

No  reports  of  such  abuses  were  received  in  1986. 


*There  is  no  American  Embassy  in  Sao  Tome.   Information  on  the 
human  rights  situation  is  therefore  limited. 


244 


SAO  TOME  &  PRINCIPE 

d.  Arbitrary  Arrest,  Detention,  or  Exile 

Although  some  Sao  Tomeans  were  arrested  in  1984  and  detained 
without  trial  for  public  criticism  of  the  Government,  there 
have  been  no  reports  of  similar  abuses  in  1986.   There  are 
several  opposition  politicians  living  in  exile,  e.g.,  former 
Prime  Minister  Miguel  Trovoada,  and  former  Minister  of  Health 
Carlos  da  Graca,  but  the  Government  has  indicated  that  they  are 
free  to  return. 

There  have  been  no  reports  of  the  use  of  forced  labor. 

e.  Denial  of  Fair  Public  Trial 

The  Constitution  does  not  address  the  right  to  a  public  trial, 
but  there  have  been  instances  of  public  trials  of  persons 
accused  of  common  crimes  in  recent  years.   Criminal  trials  are 
occasionally  reported  by  the  local  media.   In  most  cases, 
however,  common  criminals  are  given  a  hearing  and  are  sentenced 
by  a  judge.   To  date  the  only  political  prisoners  given  trials 
were  those  accused  of  coup-plotting  in  1977.   In  those  trials 
and  in  criminal  trials  since  that  time,  the  accused  were 
assigned  counsel  by  the  Government.   There  is  no  tradition  of 
independent  defense  counsel. 

As  of  the  end  of  1986,  the  Government  claimed  that  it  held  no 
political  prisoners. 

f.  Arbitrary  Interference  with  Privacy,  Family,  Home,  or 
Correspondence 

Because  of  Sao  Tome's  geographic  isolation  and  its  small 
population,  the  Government  does  not  have  a  highly  intrusive 
security  system  to  detect  opposition  opinion.   However,  the 
Government's  loosely  organized  system  of  informers  and  its 
monitoring  of  political  activities  ensure  that  potential 
dissidents  are  identified. 

Section  2   Respect  for  Civil  Liberties,  Including; 

a.  Freedom  of  Speech  and  Press 

The  security  services  are  alert  and  react  quickly  to  public 
expressions  of  opposition  or  dissatisfaction  with  the 
Government.   All  Sao  Tomean  media  are  government  organs.   They 
consist  of  one  television  station  which  broadcasts  2  days  per 
week;  a  radio  station  which  carries  music,  government  news 
releases,  and  instructional  programs;  and  a  weekly  two-to-four 
page  newspaper  of  government  news  releases.   No  public  written 
criticism  of  the  Government  seems  to  be  tolerated,  but  oral 
criticism  at  party-sponsored  meetings  exists.   The  only  foreign 
wire  service  items  are  occasional  items  from  Soviet  and  Angolan 
sources.   Voice  of  America  Portuguese  language  programs  reach 
Sao  Tome  and  are  listened  to  without  interference.   Sao  Tome 
Radio  also  uses  VOA  taped  music  programs. 

b.  Freedom  of  Peaceful  Assembly  and  Association 

Political  assembly  and  activity  are  legal  only  within  the 
country's  sole  political  party,  the  MLSTP .   Cultural  and  social 
organizations  require  government  approval,  which  is  believed  to 
be  easily  obtained. 

The  sole  trade  union,  affiliated  with  the  party,  exists  mainly 
on  paper.   In  1986  there  were  several  spontaneous  strikes  and 


245 


SAO  TOME  &  PRINCIPE 

job  actions  at  cocoa  estates.   In  April,  workers  from  the  Santa 
Margarida  cocoa  estate  marched  in  the  center  of  Sao  Tome 
ostensibly  to  protest  a  reshuffling  of  ministers.   There  is  no 
explicit  legislation  forbidding  strikes.   There  is  no 
information  currently  available  on  whether  collective 
bargaining  is  legally  permitted. 

c.  Freedom  of  Religion 

Religious  freedom  is  guaranteed  by  the  Constitution.   The  three 
religious  communities — Roman  Catholic,  Evangelical  Protestant, 
and  Seventh-Day  Adventist — are  allowed  to  practice  freely.   The 
Government  provides  some  funding  for  a  school  and  a  social 
services  center  managed  by  the  Catholic  Church. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign 
Travel,  Emigration,  and  Repatriation 

The  geographic  isolation  and  poverty  of  the  country  severely 
limit  foreign  travel  and  emigration.   In  addition,  the 
Government  closely  controls  exit  visas  for  the  few  people  who 
do  travel.   Almost  all  trips  outside  the  islands  are  for 
governmental  missions  or  medical  evacuation.   Domestic  travel 
is  not  controlled  by  the  Government,  and  people  move  freely  on 
the  islands  of  Sao  Tome  and  Principe.   The  lack  of  reliable  and 
affordable  air  service  severely  limits  interisland  travel. 

Section  3   Respect  for  Political  Rights:   The  Right  of  Citizens 
to  Change  Their  Government 

Government  policy  is  determined  by  President  da  Costa,  in 
consultation  with  his  key  cabinet  and  security  officials.   The 
leadership  uses  the  MLSTP  to  consolidate  its  rule  at  the  local 
level  and  to  assist  in  selecting  candidates  for  the  Popular 
Assembly.   In  the  1985  elections  to  the  Popular  Assembly, 
persons  at  the  local  level  were  allowed,  even  encouraged,  to 
speak  out  and  to  give  their  opinions  on  various  government 
policies.   In  many  districts,  the  voters  rejected  the  official 
party  candidate  in  favor  of  another  candidate.   Party 
membership  has  been  expanded  in  recent  years  and  now  stands  at 
about  2,900.   Internal  security  is  reinforced  by  Angolan  troops. 

There  are  small  exile  groups  in  Portugal  and  Gabon.   In  May 
1986,  former  Minister  of  Health  Carlos  da  Graca  resigned  the 
chairmanship  of  the  National  Resistance  Front  of  Sao  Tome  and 
Principe  (FRNSTP)  based  in  Libreville,  saying  that  the  recent 
economic  liberalization  by  the  Government  and  its  opening  to 
moderate  African  states  made  his  further  leadership  of  the 
FRNSTP  unnecessary.   Da  Graca  said  he  would  remain  in  exile 
until  Angolan  troops  withdrew  from  the  country. 

An  incident  in  1986  that  still  remains  murky  was  the  arrival  in 
a  fishing  boat  at  Walvis  Bay,  Namibia,  of  76  young  black  male 
Sao  Tomeans  who  claimed  to  belong  to  the  FRNSTP.   FRNSTP 
officials  in  Libreville  claimed  that  these  men  had  been 
expelled  from  the  movement,  while  the  Sao  Tome  Foreign  Minister 
stated  that  the  76  were  not  political  opponents  at  all,  but 
rather  "opportunists." 

Section  4   Governmental  Attitude  Regarding  International  and 

Nongovernmental  Investigation  of  Alleged  Violations 
of  Human  Rights. 

The  extent  to  which  the  Government  is  aware  of  or  influenced  by 
international  human  rights  organizations  is  not  known. 


246 


SAO  TOME  8.  PRINCIPE 

Section  5   Discrimination  Based  on  Race,  Sex,  Religion, 
Language,  or  Social  Status 

The  Sao  Tome  population  is  relatively  homogeneous,  and  there 
have  been  no  reports  of  policy  discrimination  on  a  tribal, 
regional,  sex,  or  religious  basis  among  Sao  Tomean  citizens. 
As  energetic  outsiders.  Cape  Verdeans  in  Sao  Tome  do  suffer 
some  informal  discrimination. 

Women  have  constitutional  guarantees  of  equality,  and  several 
are  active  in  public  life.   One  senior  official,  the  Minister 
of  Education  and  Culture,  is  a  woman,  as  is  the  President  of 
the  Popular  Assembly.   There  are  at  least  two  women  members  of 
the  central  committee  of  the  party.   Cultural  factors,  rather 
than  legal  restraints,  limit  the  actual  participation  of  women 
in  government . 

CONDITIONS  OF  LABOR 


Legislation  requires  that  a  minimum  wage  of  approximately  $55 
per  month  be  pa'd  to  workers.   There  are  reports  that  workers 
at  several  cocoa  estates  were  not  paid  for  several  months  or 
did  not  receive  the  minimum  wage  for  an  extended  period  of 
time.   A  legal  minimum  employment  age  of  18  years  is  apparently 
observed  in  practice.   Basic  occupational  health  and  safety 
standards  are  contained  in  the  Social  Security  Law  of  1979. 


247 


U.S. OVERSEAS  -LOANS  AND  GRANTS"  OBLIGATIONS  AND  LOA^J  AUTHORIZATIONS 
(U.S. FISCAL  YEARS  -  MILLIONS  OF  DOLLARS) 


COJNTRY:  SAO  TOME  AND  PRINCIPE 


1984 


1985 


1986 


I.ECON. 
LO 
GR 
A.  AID 
LO 
GR 
(SEC 
a. FOOD 
LO 
GR 
TITLE 
REPAY 
DAY. 
TITLE 
e.REL 
VOL.R 
C.OTHE 
LO 
GR 


ASSIST. -TOTAL.. 

ANS 

ANTS 


ANS , 

ANTS 

.SU°P. ASSIST.) .. . 

FOR  PEACE , 

ANS 

ANTS 

I-TDTAL 

.  I>J  $-LOANS...., 
IN  FOR.  CURR...., 

II-TOTAL 

lEF.EC.DEV  J  WFP, 
ELIEF  AGENCY..  .. , 
R  ECON.  ASSIST.., 

AN  S 

ANTS 

PEACE  CORPS 

NARCOTICS , 

OTHER 


II.fllL.  AS3IST.-T0TAL... 

LOANS 

GRANTS 

A. MAP  GRANTS 

3. CREDIT  FINANCING.... 
C.INTL  MIL.EO.TRNG. .. . 
O.TRAN-EXCESS  STOCK... 


£. OTHER  GRANTS. 


III. TOTAL  ECON.  S  MIL... 

LOANS 

GRANTS 


1.0 

0.1 

0.7 

0.0 

0.0 

D.O 

1.0 

3.1 

0.7 

0.0 

0.0 

0.7 

0.0 

0.0 

0.0 

0.0 

3.0 

0.  ' 

O.D 

0.0 

1.0 

0.1 

J.O 

0.0 

0.0 

0.0 

1.3 

0.1 

1.0 

0.0 

O-r" 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

1.0 

3.1 

0.0 

0  5 

0.1 

0.0 

0.5 

0.0 

0.0 

0.0 

0.0 

0.0 

O.D 

3.0 

0.0 

0.0 

0.0 

Q.O 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

o-.o 

0.0 

0.0 

0.0 

0.0 

3.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

3.0 

0.0 

0.0 

0.0 

1.0 

0.1 

0.7 

0.0 

0.0 

0.0 

1.0 

0.1 

0.7 

OTHER  US  LOANS.  .. , 
EX-IM  SANK  LOANS, 
ALL  OTHER 


0.3 
0.0 
0.0 


0.0 

0.0 

0.0 


0.0 
0.0 

0.0 


ASSISTANCE  FROM  INTERNATIONAL  AGENCIES 
198A      1935      1936 


1946-86 


TOTAL 

0.3 

8.1 

0.0 

19.3 

I3RD 

0.0 

0.0 

o'.o 

0.0 

IPC 

0.0 

0.0 

0.0 

0.0 

IDA 

0.0 

5.0 

0.0 

5.0 

ID3 

3.0 

0.3 

0.0 

0.0 

A03 

0.0 

Q.O 

0.0 

0.0 

AF03 

0.2 

3.1 

0.0 

12.0 

UNDP 

0.1 

0.0 

■  0.0 

1.9 

OHER-UN 

0.0 

0.0 

0.0 

0.4 

EEC 

0.0 

0.0 

0.0 

0.0 

66-986  0-87-9 


248 


SENEGAL 


Senegal  is  a  republic  with  a  democratically  elected  president 
and  a  unicameral  legislature.   After  acceding  automatically  to 
the  presidency  in  January  1981,  when  former  President  Senghor 
retired,  Abdou  Diouf  was  elected  in  his  own  right  in  freely 
contested  elections  in  1983.   A  new  parliament  was  elected  at 
the  same  time  with  President  Diouf 's  Socialist  Party  winning 
111  of  the  120  seats.   Senegal  has  longstanding  democratic 
traditions  which  predate  independence,  and  there  is  wide 
public  interest  in,  and  debate  on,  political  matters.   While 
the  Socialist  Party  has  dominated  the  public  scene  since 
independence  from  France  in  1960,  Senegal  is  a  true  multiparty 
state  with  16  legal  political  parties. 

The  Senegalese  military  has  a  well-earned  reputation  as  an 
apolitical  and  professional  organization  and  is  respected  by 
the  population.   The  generally  well-trained  and  disciplined 
civilian  security  forces  respect  the  laws  they  enforce. 

Although  the  Government  and  the  majority  party  describe  the 
national  economy  as  Socialist,  the  Government  has  taken  steps 
to  reduce  its  involvement  in  many  sectors  of  the  economy, 
including  selling  off  some  state-owned  enterprises  and 
encouraging  private  initiative  in  agriculture  and  industry. 
However,  with  wages  frozen  and  prices  rising  for  agricultural 
products  and  consumer  goods,  there  was  increased  concern  in 
1986  about  the  political  impact  of  the  economic  reform  program. 

Long-  and  short-term  trends  in  the  human  rights  context  remain 
positive.   The  legal  system  is  active  and  effective  in 
protecting  human  rights.   The  political  process  works  well 
despite  some  concerns  about  the  fairness  of  the  electoral 
laws.   The  Government  continued  to  provide  strong  support  to 
several  Dakar-based  organizations  which  study  human  rights 
questions  in  Africa  and  the  Third  World.   The  only  credible 
allegations  of  human  rights  violations  in  1986  concerned 
prisoners  who  said  they  were  tortured  while  in  detention  after 
separatist  rioting  in  late  1983. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1   Respect  for  the  Integrity  of  the  Person,  Including 
Freedom  from: 

a.  Political  Killing. 

There  was  no  evidence  of  any  killings  at  government 
instigation  or  for  political  motives. 

b.  Disappearance 

There  were  no  reports  of  abduction  of  individuals  by  official, 
quasi-official,  opposition,  or  vigilante  groups. 

c.  Torture  and  Cruel,  Inhuman,  or  Degrading  Treatment 
or  Punishment 

Government  officials  in  Senegal  generally  adhere  to  the 
section  of  the  criminal  code  prohibiting  physical  abuse. 
There  have  been  instances  reported,  however,  of  the  use  of 
force  by  lower  level  police  officials  in  the  interrogation  of 
suspected  criminals.   During  their  trial  in  late  1985  and 
early  1986,  most  of  the  persons  accused  of  participating  in 
the  separatist  riots  in  Casamance  in  1983  claimed  they  had 


249 


SENEGAL 

been  tortured  by  police  and  gendarmes  after  being  arrested. 
While  an  internal  investigation  reportedly  began  in  1986,  and 
as  many  as  12  gendarmes  faced  possible  charges,  there  had  been 
no  announcements  and  no  prosecutions  by  the  end  of  1986. 

Prison  conditions  are  crowded,  and  food  is  little  above  the 
subsistence  level.   Harsh  prison  conditions  are  partly 
alleviated  by  the  access  to  prisoners  by  clerics,  friends,  and 
families,  who  are  permitted  and  expected  to  provide  food  and 
amenities . 

d.  Arbitary  Arrest,  Detention,  or  Exile 

The  constitutional  prohibition  against  arbitrary  arrest  or 
detention  is  respected  in  practice.   Persons  are  not  generally 
detained,  punished,  or  tried  for  the  expression  of  views 
critical  of  or  different  from  the  Government.   However,  in 
1986  one  journalist  complained,  in  print,  that  he  had  been 
arrested,  questioned,  and  held  for  several  days  for  carrying 
copies  of  an  "unauthorized  newspaper,"  a  charge  he  denied. 
Preventive  detention  is  permitted  indefinitely  when  civil 
authorities  determine  that  there  is  a  threat  of  civil 
disturbance  or  that  an  individual  is  a  threat  to  himself  or 
others,  such  as  in  the  case  of  the  Casamance  separatist 
supporters  (see  Section  I.e.). 

The  Senegalese  legal  system  is  patterned  after  the  French 
system.   A  person  suspected  of  a  crime  may  be  legally  held 
without  charge  for  48  hours  after  arrest  and  may  be  held  up  to 
72  hours  if  ordered  by  a  public  prosecutor.   This  law  is 
generally  respected  by  law  enforcement  officials,  and  charges 
are  formally  and  clearly  drawn.   By  law,  every  person  has 
access  to  legal  counsel  during  every  step  of  the  legal 
process.   In  practice,  persons  with  means  will  have  private 
legal  counsel,  while  the  law  makes  provision  for  public 
defenders  for  indigents. 

There  is  no  forced  or  compulsory  labor  in  Senegal. 

e.  Denial  of  Fair  Public  Trial 

Senegal  has  an  active,  independent,  and  well-trained 
judiciary,  which  is  constitutionally  independent  of  the 
executive,  the  legislature,  and  the  military.   Court  officials 
are  trained  lawyers  who  have  completed  a  number  of  years  of 
required  apprenticeship.   Trials  are  open  to  the  public,  and 
defendants  have  the  right  to  a  defense  attorney,  many  of  whom 
are  very  skilled  and  aggressive  in  the  protection  of  their 
clients.   Ordinary  courts  hold  hearings  which  are  presided 
over  by  a  panel  of  judges  and,  in  the  case  of  criminal 
charges,  include  a  panel  of  citizens  sitting  with  the  judges 
as  a  form  of  jury. 

There  are  three  categories  of  special  courts:   The  High  Court 
of  Justice,  The  Security  ("political")  Court,  and  the  military 
courts.   The  High  Court  of  Justice  was  created  for  the  sole 
purpose  of  trying  high  government  officials  for  treason  or 
malfeasance.   It  has  not  been  convened  since  the  early  1970 's. 

The  Security  (or  "political")  Court  consists  of  a  judge  and 
two  assessors  and  has  jurisdiction  over  cases  involving 
politically  motivated  crimes.   This  court  was  called  into 
session  in  November  1985  for  the  trial  of  105  persons  accused 
of  participating  in  a  December  1983  separatist  insurrection  in 


250 


SENEGAL 

the  southernmost  region  of  Casamance,  in  which  3  gendarmes 
died  and  80  persons  were  injured.   The  trial  ended  January  4, 
1986,  with  relatively  lenient  sentences,  considering  the 
violence  of  the  incidents  and  the  penalties  requested  by  the 
prosecution — 73  defendents  were  freed  outright,  31  received 
sentences  ranging  from  2  to  15  years,  and  1  received  life 
imprisonment.   The  trial  was  held  in  open  court  and  marked  by 
procedural  controversy,  which  delayed  the  testimony.   The 
defendants  claimed  that  they  had  been  held  in  prison  for 
excessive  periods  after  arrest  before  being  officially 
charged,  and  that  they  had  been  beaten  and  tortured  at  the 
hands  of  police  or  gendarmes.   The  military  court  system  has 
jurisdiction  over  offenses  committed  by  members  of  the  armed 
forces  during  peacetime  (in  wartime,  courts-martial  may  be 
convened).   Civilians  may  not  be  tried  by  military  courts. 

f.   Arbitrary  Interference  with  Privacy,  Family,  Home,  or 
Correspondence 

The  Senegalese  bureaucracy,  patterned  after  the  French  system, 
is  highly  centralized  and  requires  of  Senegalese  citizens  a 
fairly  extensive  array  of  documentation  for  purposes  of 
education,  obtaining  social  security  benefits,  etc.   The 
intent,  however,  is  not  coercive,  and  there  is  otherwise 
little  Government  interference  in  the  private  lives  of 
Senegalese  citizens.   There  is  no  coercion  to  join  a 
particular  political  party  or  to  participate  in  political 
demonstrations.   A  wide  variety  of  political  expression  is 
possible  and  is  not  subject  to  restrictions  other  than  those 
relating  to  public  order.   There  is  no  evident  pattern  of 
monitoring  the  private  written  or  oral  communications  of 
Senegalese  citizens.   There  are  constitutional  and  legal 
safeguards  against  arbitrary  invasion  of  the  home.   Search 
warrants  are  required  and  may  be  issued  only  by  judges  and  in 
accordance  with  procedures  established  by  law.   There  is  no 
evidence  that  public  security  forces  have  violated  the  law  in 
this  regard. 

Section  2   Respect  for  Civil  Liberties,  Including: 

a.   Freedom  of  Speech  and  Press 

Senegal  enjoys  freedom  of  speech  and  press  both  in  theory  and 
in  practice.   The  Constitution  guarantees  the  right  of  each 
person  to  express  and  disseminate  opinions  freely.   Full 
academic  freedom  is  enjoyed  by  the  schools  and  the  country's 
sole  university. 

There  is  neither  censorship  nor  banned  publications  in 
Senegal.   Publishers  are  required  to  register  with  the  Central 
Court  prior  to  starting  publication,  but  such  registrations 
are  routinely  approved.   There  are  several  regularly  published 
magazines  and  newspapers  and  a  number  of  publications  which 
appear  sporadically,  reflecting  a  broad  range  of  opinion  from 
conservative  to  Marxist.   The  country's  most  professional  and 
informative  newspaper  is  controlled  by,  and  supports,  the 
majority  Socialist  Party.   However,  articles  critical  of 
government  policies  and  officials  regularly  appear  even  in 
this  paper.   Other  publications,  representing  other 
viewpoints,  are  sometimes  vociferously  critical  of  the 
Government.   Foreign  publications  are  not  banned  or  censored. 

The  editor  of  an  opposition  newspaper,  arrested  in  August  1985 
on  charges  of  defamation  of  the  Head  of  State  and  the 


251 


SENEGAL 

Government  (slander),  was  released  after  serving  a  sentence  of 
230  days.   Opposition  leaders  described  his  arrest  as  an 
attempt  to  muzzle  the  media.   Since  his  release,  he  has 
resumed  publication  of  his  paper,  which  continues  to  voice 
criticism  of  the  Government's  policies,  albeit  with  more 
restraint  and  discretion. 

Television  and  radio  stations  are  owned  by  the  Government; 
activities  of  the  Socialist  Party  are  given  prominence,  but 
there  is  occasional  coverage  of  the  declarations  and 
activities  of  the  opposition  parties. 

b.  Freedom  of  Peaceful  Assembly  and  Association 

Senegalese  freely  and  frequently  exercise  their  constitutional 
right  of  assembly.   Prior  authorization  for  public 
demonstrations  is  required,  and  demonstrations  or  protest 
meetings  against  government  policies  are  closely  monitored  by 
security  services.   In  April  1986,  students  at  the  University 
of  Dakar  planned  a  march  from  the  campus  to  the  U.S.  Embassy 
to  protest  the  American  raids  on  Libya.   They  were  denied 
permission  for  the  march,  and  the  authorities  stationed 
gendarmes  and  troops  at  choke  points  near  the  campus  and  on 
the  route  to  the  Embassy.   When  the  students  saw  the  show  of 
force,  they  confined  their  march  to  the  university  grounds. 
No  one  was  arrested  or  detained. 

Workers  have  the  right  to  organize  and  bargain  collectively 
and  to  strike  if  negotiations  are  unsuccessful.   Less  than  25 
percent  of  the  labor  force  is  unionized.   In  most  union 
activities,  economic  and  work-related  issues  are  the  principal 
concerns.   The  major  trade  union  confederation,  the  National 
Confederation  of  Senegalese  workers  (CNTS),  is  affiliated  with 
the  ruling  Socialist  Party.   There  are  also  small  independent 
trade  unions  which  are  important  to  the  society  and  economy  of 
Senegal.   The  CNTS  is  entitled  by  law  to  ministerial  posts  but 
rather  than  fill  them  itself  has  chosen  to  retain  the  right  to 
veto  the  President's  nominations.   In  the  past,  the  Governm.ent 
has  used  its  connection  with  the  CNTS  as  a  useful  means  of 
informing  workers  of  government  policies,  gaining  better 
understanding  of  worker  complaints  and  problems,  and  ensuring 
that  strikes  are  legal  and  called  only  over  significant 
grievances.   In  September  workers  at  the  printing  plant  which 
produces  Dakar's  daily  newspaper  stopped  work  to  protest  a 
management  decision  to  cease  providing  transport  for  employees 
who  worked  night  shifts.   A  compromise  was  reached  after  a 
week,  and  the  printers  resumed  work.   The  International  Labor 
Organization  maintains  a  regional  office  in  Senegal. 

c.  Freedom  of  Religion 

Senegal  is  constitutionally  a  secular  state,  and  freedom  of 
religion  is  a  legal  right  which  exists  in  fact.   Islam  is  the 
religion  of  over  85  percent  of  the  population.   Other 
religions,  primarily  Catholicism,  are  freely  practiced. 
Missionary  activity  is  permitted,  and  foreign  Protestant 
missionaries  are  active  in  several  regions  of  the  country. 
Conversion  is  permitted,  and  there  is  no  discrimination 
against  minority  religions.   Adherence  to  a  particular 
religion  confers  neither  advantage  nor  disadvantage  in  civil, 
political,  economic,  military,  or  other  sectors. 


252 


SENEGAL 

d.   Freedom  of  Movement  Within  the  Country,  Foreign 
Travel,  Emigration,  and  Repatriation 

The  Senegalese  Constitution  states  that  all  citizens  have  the 
right  to  move  and  establish  themselves  freely  anywhere  in 
Senegal,  a  right  that  is  respected  in  practice.   Since  1981, 
exit  visas  are  not  required  for  travel  outside  the  country. 
There  is  no  restriction  on  emigration,  and  repatriates  are  not 
officially  disadvantaged  on  return  to  Senegal. 

Senegal  is  host  to  5,140  recognized  and  assisted  refugees. 
Prior  to  the  April  3,  1984  coup  in  Guinea,  there  were  an 
estimated  500,000  Guineans  in  Senegal  most  of  whom  were  not 
officially  recognized  as  refugees.   Most  of  them  have  since 
returned  to  Guinea.   There  is  a  regional  office  of  the  United 
Nations  High  Commissioner  for  Refugees  in  Dakar.   Senegal 
continues  to  make  places  available  for  refugee  students  from 
other  countries  at  the  University  of  Dakar  and  other 
educational  institutions.   An  opposition  newspaper  reported  in 
late  September  that  three  "political  refugees,"  opponents  of 
the  Government  of  Guinea-Bissau,  had  been  arrested  in  the 
Dakar  area  and  extradited  to  that  country  in  August.   The 
Senegalese  Government  has  indicated  that  the  three  were 
involved  in  planning  active  intervention  against  the  Bissauan 
Government,  which  would  violate  any  agreement  for  refuge  under 
which  they  entered  Senegal. 

Section  3   Respect  for  Political  Rights:   The  Right  of  Citizens 
to  Change  Their  Government 

Senegal  is  a  functioning  multiparty  democracy  with  universal 
suffrage.   There  are  currently  16  legally  registered  parties 
ranging  in  ideology  from  conservative  to  Trotskyite. 
Presidential  and  parliamentary  elections  were  last  held  in 
February  1983,  with  rural  and  municipal  elections  in  November 
1984.   The  next  general  elections  are  scheduled  for  February 
1988.   While  there  is  a  long  tradition  of  democracy  in 
Senegal,  political  life  throughout  the  post  independence  period 
has  been  dominated  by  the  Socialist  Party,  which  won  the 
presidency  and  111  of  the  120  parliamentary  seats  in  the  1983 
elections,  and  which  swept  the  municipal  and  rural  elections 
the  following  year.   Opposition  parties  complained  that 
changes  in  the  electoral  law  favored  the  government  party  by 
removing  the  requirements  for  voter  identification,  a  secret 
ballot,  and  opposition  representation  when  ballots  were 
counted.   While  the  consensus  was  that  the  1983  voting  was  on 
the  whole  free  and  fair,  the  largest  opposition  party,  with 
eight  seats  in  the  Parliament,  decided  to  boycott  the  1984 
elections.   In  1986  several  of  the  opposition  parties 
announced  their  intention  to  boycott  the  1988  general 
elections  unless  the  electoral  law  is  modified.   The 
Government  is  reportedly  studying  the  issue. 

Section  4   Governmental  Attitude  Regarding  International  and 

Nongovernmental  Investigation  of  Alleged  Violations 
of  Human  Rights 

Senegal  is  a  leader  among  African  countries  in  the 
establishment  and  promotion  of  international  standards  for 
human  rights  practices.   Senegal  was  the  original  sponsor  of 
the  Human  Rights  Charter  of  the  Organization  of  African  Unity 
and  is  also  an  active  member  of  the  U.N.  Human  Rights 
Commission.   Dakar  is  the  headquarters  of  the  African  Bar 
Association's  Institute  of  Human  Rights,  an  organization  which 


253 


SENEGAL 

trains  lawyers  and  judges  in  translating  general  human  rights 
principles  into  practical  legal  and  judicial  procedures.   A 
number  of  Senegalese  are  prominent  in  African  and 
international  human  rights  activities.   Senegal  maintains  a 
dialogue  with  organizations  such  as  Amnesty  International, 
whose  1985  Report  apparently  influenced  the  Government  to  move 
forward  with  the  trials  of  the  Casamance  detainees. 

Section  5   Discrimination  Based  on  Sex,  Race,  Religion, 
Language,  or  Social  Status 

There  is  no  discrimination  in  Senegal  based  on  race,  religion, 
or  language.   While  there  is  no  discrimination  in  law  based  on 
sex,  since  the  country  is  predominantly  Muslim  (over  80 
percent  of  the  population).  Islamic  customs  including  polygamy 
and  the  rules  of  inheritance  generally  prevail,  especially  in 
the  rural  areas.   Women  are  active  participants  in  the 
political  process,  and  several  parties,  including  the  dominant 
Socialist  Party,  have  sections  promoting  women's  rights. 
Twelve  women  are  deputies  in  the  National  Assembly,  and  there 
are  three  women  in  President  Diouf's  Cabinet.   In  addition,  a 
number  of  government  ministries  employ  women  in  key  positions, 
e.g.,  the  political  director  of  the  Ministry  of  Foreign 
Affairs.   In  other  ministries  key  agronomists,  statisticians, 
and  economists  are  women.   In  the  urban  areas,  the  lay 
character  of  the  State  and  the  nondiscriminatory  nature  of  the 
country's  legal  system  is  more  likely  to  prevail. 

A  subtle  form  of  discrimination  based  on  social  status  does 
exist,  although  it  has  been  officially  outlawed  for  several 
years.   It  concerns  those  families  "of  caste,"  who  were 
traditionally  occupied  with  menial  or  dirty  jobs  in  the 
community — tanners,  blacksmiths  (and  by  extension,  gold  and 
silversmiths),  wood  carvers,  some  fishermen,  etc.   Although  it 
is  against  the  law  to  even  mention  the  caste  of  a  Senegalese, 
in  fact  virtually  all  citizens  of  the  country  know  where  each 
person  fits  in  the  social  hierarchy.   There  have  been  articles 
in  the  press  describing  frictions  which  result  from  this 
social  stratification.   For  example,  a  family  may  refuse  to 
permit  the  marriage  of  a  daughter  to  a  young  man  of  caste 
because  it  would  lower  her  status.   The  Government  would  like 
to  see  this  discrimination  disappear  and  has  legislated 
against  it,  but  old  traditions  persist. 

CONDITIONS  OF  LABOR 

While  there  are  industry-wide  statutes  concerning  the  minimum 
age  for  employment  of  children,  the  economic  situation  in 
Senegal  has  created  an  environment  wherein  a  substantial 
number  of  underage  workers  are  employed,  particularly  in 
cottage  industries.   Through  collective  bargaining, 
principally  by  the  National  Confederation  of  Senegalese 
Workers,  there  are  legal  guidelines  for  occupational  safety 
and  health,  minimum  wages,  and  limits  on  working  hours.   In 
practice,  however,  these  guidelines  are  often  ignored  and 
working  conditions  in  Senegal,  as  in  most  third  world 
countries  at  a  similar  stage  in  their  economic  development, 
are  below  Western  standards. 


254 


U.S. OVERSEAS  -LOANS  AND  GRANTS-  OBLIGATIONS  AND  LOAN  AUTHORIZATIONS 
(U.S. FISCAL  YEARS  -  MILLIONS  OF  DOLLARS) 


COJNTRY:  SENEGAL 


1984 


1985 


1986 


I. 


CON 

L 

G 

A.  AID 

L 

G 

(SE 

3.F00 

L 

G 

TITLE 

SEPA 

OAY. 

TITLE 

E.Rc 

i/OL. 

C.OTH 

L 

G 


.  ASSIST. -TOTAL.. 

OANS 

RANTS 


OANS 

RANT 

C.SU 

0  FO 

OANS 

RANT 

I-T 

Y.  I 

IN 

II- 

LIEF 

RELI 

ER  E 

OANS 

RANT 

PEA 

NAR 

OTH 


PP. ASSIST.)  . 
R  PEACE 


S 

QTAL , 

N  $-LOANS...., 
FOR.  CURR.. .. . 

TOTAL 

.EC.DEV  i  WFP, 
SF  AGENCY.. .. , 
CON.  ASSIST... 


CE  CORPS. 
COTICS... 
ER 


•TOTAL. 


II.MIL.  ASSIST. 

LOANS 

GRANTS 

A. MAP  GRANTS 

3. CREDIT  FINANCING. 
C.INTL  MIL.EO.TRNG. 
D.TRAN-EXCESS  STOCK, 
E. OTHER  GRANTS , 


III. TOTAL  ECON.  S  "I  I  L  . 

LOANS 

GRANTS 


51.2 

53.2 

52.3 

0.0 

0.0 

0.0 

51.2 

53.2 

52.3 

34.6 

44.4 

50.2 

O.D 

0.0 

0.0 

34.5 

44.4 

50.2 

10.0 

15.0 

27.5 

14.7 

6.8 

0.0 

0.0 

0.0 

0.0 

14.7 

6.8 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

14.7 

6.8 

0.0 

9.3 

2.0 

0.0 

5.4 

4.8 

0.0 

1.9 

2.0 

2.1 

G.O 

0.0 

0.0 

1.9 

2.0 

2.1 

1.9 

2.0 

2.1 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

2.5 

3.5 

3.4 

0.0 

0.0 

0.0 

2.5 

3.5 

3.4 

2.0 

3.0 

2.9 

0.0 

0.0 

0.0 

0.5 

0.5 

0.5 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

53.7 

56.7 

55.7 

0.0 

0.0 

0.0 

53.7 

56.7 

55.7 

OTHER  US  LOANS.  ..  , 
EX-IM  BANK  LOANS. 
ALL  OTHER 


0.0 

0.0 
0.0 


0.0 
0.0 
0.0 


0.0 
0.0 

0.0 


ASSISTANCE  FROM  INTERNATIONAL  AGENCIES 
19S4      1985      1986 


1946-86 


TOTAL 

79.6 

39.5 

7.5.0 

981.0 

I3R0 

0.0 

0.0 

0.0 

158.9 

if: 

3.2 

0.0 

2.6 

38.5 

104 

62.1 

24.0 

72.4 

445.0 

103 

0.0 

0.0 

0.0 

0.0 

A03 

0.0 

0.0 

0.0 

0.0 

AF03 

13.0 

13.5 

■   0.0 

73.0 

UNDP 

1.3 

2.0 

0.0 

45.6 

OTHER-UN 

0.0 

O.D 

0.0 

7.4 

ee: 

0.0 

0.0 

0.0 

212.6 

255 


SEYCHELLES 


The  Government  of  Seychelles,  led  by  President  France  Albert 
Rene,  took  power  in  June  1977  in  a  military  coup  d'etat  and 
forced  into  exile  a  number  of  former  leaders,  including  ex-prime 
minister  James  Mancham.   In  1979  a  new  Constitution  was 
promulgated  which  formally  abolished  all  political  opposition  to 
the  socialist  ruling  party,  the  Seychelles  People's  Progressive 
Front  (SPPF).   This  Constitution  provides  for  a  strong 
presidential  executive,  who  appoints  ministers,  and  a  People's 
Assembly  of  23  members  and  several  appointed  members. 

In  the  past,  there  have  been  external  threats.   Tanzanian 
troops,  now  no  longer  on  the  islands,  helped  put  down  a  mutiny 
in  the  armed  forces  in  1982.   The  defense  force  repulsed  a 
November  1981  attack  by  mercenaries  financed  by  Seychellois  in 
exile.   The  Seychelles  has  a  defense  force  of  about  1,000 
persons,  as  well  as  a  uniformed  police  force  of  500  and  a 
People's  Militia  of  about  2,000. 

The  Seychelles  economy  relies  predominantly  on  tourism  for 
foreign  exchange.   The  tourism  industry,  which  fell  dramatically 
in  the  early  1980  s,  has  since  revived,  and  some  70,000 
foreigners  visited  the  Seychelles  during  1986.   Seychelles  has 
actively  sought  to  diversify  the  economy  by  granting  fishing 
licenses  to  French,  Spanish,  Korean,  and  Japanese  trawlers  and 
by  expanding  the  fishing  port  in  Victoria  through  donor 
assistance . 

The  human  rights  situation  in  Seychelles  changed  little  during 
1986.   The  Constitution  does  not  guarantee  fundamental  human 
rights  but  rather  includes  them  in  a  preamble  as  the  goal  of  the 
people  of  Seychelles.   The  President  has  reaffirmed  his 
determination  to  put  down  opposition  elements,  and  the 
Government  continued  to  use  exile  as  a  means  of  suppressing 
dissent.   On  the  positive  side,  the  President  reaffirmed  his 
commitment  to  freedom  of  religion  and  promised  that  the 
Government  would  neither  interfere  in  church  affairs  nor 
restrict  the  right  of  religious  groups  to  speak  out,  including 
through  their  influential  media  outlets. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1   Respect  for  the  Integrity  of  the  Person,  Including 
Freedom  from: 

a.  Political  Killing 

There  were  no  known  instances  of  killing  for  political  motives. 
Members  of  the  opposition  allege,  however,  that  Gerard  Hoareau, 
leader  of  the  London-based  Seychelles  National  Movement,  who  was 
killed  in  November  1985,  was  assassinated  by  government  agents. 

b.  Disappearance 

There  were  no  reports  of  disappearance. 

c.  Torture  and  Cruel,  Inhuman,  or  Degrading  Treatment  or 
Punishment 

The  Constitution  explicitly  forbids  torture.   While  instances  of 
torture  are  infrequent,  one  prisoner,  detained  for  political 
reasons,  reportedly  was  burned  with  cigarettes  and  had  his  beard 
set  on  fire. 


256 


SEYCHELLES 

Generally,  prisoners  are  well  fed  and  supervised  by  professional 
prison  wardens.  Prisoners  are  normally  incarcerated  on  isolated 
islands,  although  family  visits  are  routinely  arranged. 

d.  Arbitrary  Arrest,  Detention,  or  Exile 

At  the  end  of  1986,  there  were  no  known  cases  of  persons  still 
under  detention  under  provisions  of  the  Preservation  of  Public 
Security  Act.   Under  this  Act,  the  President  exercises 
quasi-judicial  powers.   For  example,  detention  orders  are  served 
on  authority  of  the  President  who  can  suspend  habeas  corpus 
where  public  security  is  involved.    This  Act,  enacted  in 
December  1981  following  an  attack  by  mercenaries,  has  been  used 
on  several  occasions  in  recent  years  and  has  tarnished  the 
Government's  reputation.   Six  persons  were  arrested  in  June  1986 
under  this  Act,  including  Phillippe  Boulle,  the  leading  human 
rights  activist  in  the  country,  but  the  six  were  subsequently 
released.   In  addition,  police  have  held  persons  for  24  hours 
for  "questioning"  regarding  alleged  antigovernment  activities. 
In  particular,  persons  who  seek  to  mobilize  public  opinion 
against  the  Government  run  a  serious  risk  of  being  held  for 
"questioning,"  and  if  government  employees  can  be  fired  without 
recourse  to  appeal.   Others  face  social  and  economic  harassment 
and  receive  direct  or  anonymous  threats  which  they  believe 
originate  from  government  officials  as  signals  to  leave  the 
country.   Frequently,  opponents  of  the  Government  are  urged  to 
emigrate,  an  option  that  many  have  chosen  over  the  years. 

There  is  a  prohibition  against  the  use  of  forced  or  compulsory 
labor,  and  such  practices  have  not  been  employed  in  Seychelles. 
There  is,  however.  National  Youth  Service  for  all  persons  14  to 
16,  which  has  elements  of  military  training  and  discipline,  as 
well  as  academic  study. 

e.  Denial  of  Fair  Public  Trial 

Defendants  in  nonpolitical  (both  civil  and  criminal)  cases  have 
access  to  counsel  and  have  enjoyed  speedy  and  fair  trials. 
Trial  procedures  are  patterned  in  large  measure  on  English 
common  law,  although  there  is  also  a  heavy  influence  of 
Napoleonic  customary  law.   Judges  are  provided  under 
arrangements  with  the  British  Commonwealth  and,  except  for 
security  cases,  have  exhibited  considerable  independence  from 
the  executive  and  legislative  branches  of  the  Government.   The 
Chief  Justice,  who  is  appointed  by  the  President,  has  stressed 
on  several  occasions  that  it  is  the  judiciary's  responsibility 
to  impose  sentences  as  required  by  law  and  that  it  should 
reflect  the  will  of  the  legislature.   Seychelles'  law  requires 
that  a  member  of  the  armed  forces  be  tried  by  court-martial 
unless  the  President  decrees  otherwise. 

Amnesty  International  adopted  Royce  Dias,  a  known  opponent  of 
the  Government,  as  a  prisoner  of  conscience.   Dias'  7-year 
sentence  for  possession  of  drugs  was  recently  reduced  by  the 
appeals  court  to  5  years.   The  pardoning  of  a  relative  of  a 
senior  yovernment  official  for  a  similar  criminal  offense 
rekindled  suspicion  that  the  criminal  charges  against  Dias  were 
fabricated  for  political  reasons. 

f.  Arbitrary  Interference  with  Privacy,  Family,  Home,  or 
Correspondence 

The  authorities  have  broad  powers  of  search  and  seizure  without 
a  warrant.   The  Seychelles  Marketing  Board  Act,  passed  in  1984, 


257 


SEYCHELLES 

allows  police  to  enter  any  premises,  private  or  public,  and  to 
seize  any  documents  which  they  believe  may  be  in  violation  of 
the  Act.   Legislation  exists  which  allows  the  Government  to  open 
mail,  domestic  as  well  as  international,  and  it  is  widely 
believed  that  the  Government  does  so.   Since  June  1983,  the 
Government  has  embarked  on  a  campaign  to  nationalize  private 
land,  ostensibly  to  claim  unused  agricultural  land.   Although 
the  Government  has  stated  that  compensation  will  be  paid, 
relatively  few  persons  have  yet  received  compensation. 
Negotiations  with  previous  owners  are  continuing. 

Section  2  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press 

Although  theoretically  protected  under  the  1979  Constitution, 
freedom  of  speech  is  exercised  sparingly.   The  Government 
controls  the  major  newspaper  in  the  country,  as  well  as  all 
radio  and  television  broadcasting.   Legislation  provides  for  up 
to  3  years'  imprisonment  for  anyone  "who  with  intent  to  bring 
the  President  into  hatred,  ridicule  or  contempt,  publishes  any 
defamatory  or  insulting  matter  whether  in  writing,  print  or  word 
of  mouth,  or  in  any  other  manner."   This  same  legislation 
authorizes  a  2-year  sentence  for  anyone  who  "prints,  supplies, 
distributes,  reproduces,  or  has  in  his  possession  or  control" 
any  publication  banned  by  the  Governm.ent  for  security  reasons. 
In  November  1986,  two  Seychellois  were  sentenced  for  possessing 
and  reproducing  seditious  literature.   One  received  a  9  month 
sentence  while  the  other  received  a  6  month  suspended  sentence 
(due  to  her  youth) .   The  Government  has  sought  to  prevent  the 
importation  of  pamphlets  printed  abroad  by  its  opposition. 

The  President  has  promised  not  to  interfere  with  the  church's 
right  to  speak  out  freely.   The  Catholic  Church  publishes  a 
lively  paper.  Echo  des  Isles,  which  is  not  subject  to  government 
control  or  censorship.   This  paper  continues  to  publish  some 
articles  which  obliquely  criticize  the  Government.   The  two 
largest  religious  denominations  in  the  country,  the  Roman 
Catholic  and  Anglican  churches,  are  each  provided  2  free 
uncensored  hours  of  broadcasting  a  month.   Both  churches  have 
taken  advantage  of  the  monthly  broadcast  to  comment  on  social 
and  political  issues.   Seychelles  has  for  the  past  17  years 
granted  a  license  for  a  Protestant  radio  station  (FEBA)  to 
broadcast  religious  programs  throughout  Asia  and  Africa.   FEBA 
is  planning  to  expand  its  facilities  in  Seychelles.   The  British 
Broadcasting  Corporation  has  commenced  building  a  relay  facility 
on  the  main  island  of  Mahe .   Foreign  broadcasts  are  widely 
listened  to  and  are  uncensored.   Foreign  publications  have  been 
imported  and  sold  without  hindrance. 

b.  Freedom  of  Peaceful  Assembly  and  Association 

The  Government  has  been  quick  to  move  against  unauthorized 
demonstrations  and  has  made  arrests  under  a  British  colonial  law 
which  prohibits  unlawful  assembly  without  a  government  permit. 
All  associations,  clubs,  and  other  organizations  require 
government  permission  to  organize,  which  is  usually  granted  for 
nonpolitical  groups. 

There  is  one  legal  union.  The  National  Workers'  Union,  which  is 
under  direct  control  of  the  ruling  party.   It  does  not  function 
as  a  free  trade  union,  although  it  plays  an  advisory  role  for 
workers  and  seeks  better  working  conditions  for  its  members. 
Changes  at  the  1985  Party  conference  further  restricted  the 


258 


SEYCHELLES 

election  of  labor  union  officials  who,  in  the  future,  will  be 
appointed  by  the  Government.   A  new  labor  law  was  published  in 
1986  which  sets  out  guidelines  for  employee/employer  relations. 
There  has  been  no  official  strike  in  Seychelles  since  1977. 

c.  Freedom  of  Religion 

There  has  been  no  official  religious  persecution  in  Seychelles, 
and  church  services  are  widely  attended.   The  Roman  Catholic  and 
Anglican  churches  have  flourished,  and  Muslims  and  Hindus  are 
unrestricted  in  their  religious  practices.   There  is  a  clear 
separation  between  church  and  state.   Religious  instruction  in 
schools  has  been  limited.   In  response  to  the  church's  complaint 
that  it  has  been  difficult,  if  not  impossible,  for  children 
(ages  14  to  17)  in  the  National  Youth  Service  (NYS)  to  attend 
church  on  a  weekly  basis,  the  Government  now  allows  services  to 
be  held  at  the  NYS  camps.   As  recently  as  1984,  the  President 
publicly  reiterated  his  support  for  religion  and  said  there 
would  be  no  government  interference  in  the  right  of  people  to 
worship  as  they  choose. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign 
Travel,  Emigration,  and  Repatriation 

There  are  no  restrictions  on  internal  travel.   Passports  may  be 
acquired  by  virtually  any  citizen,  although  Seychellois 
traveling  abroad  for  study  at  government  expense  are  required  to 
sign  a  bond  which  enables  the  Government  to  recoup  the  cost  of 
their  education  should  they  fail  to  return.   Such  persons  who 
are  "bonded"  must  have  government  permission  to  travel  abroad 
following  their  return.   There  are  no  known  cases  in  which 
passports  are  currently  being  withheld.   There  are  no 
restrictions  on  voluntary  repatriation  for  those  who  are  willing 
to  accept  the  present  one-party  political  system. 

Section  3   Respect  for  Political  Rights;   The  Right  of  Citizens 
to  Change  Their  Government 

Since  1979  there  has  been  only  one  legal  political  party,  the 
SPPF.   All  political  (and  much  social)  activity  is  channeled 
through  this  institution.   President  Rene,  both  as  President  of 
the  country  as  well  as  the  Secretary  General  of  the  party, 
wields  much  power  and  influence.   Opponents  of  the  party  can 
neither  organize  nor  express  public  opposition.   The  party  has 
23  regional  offices  called  "branches"  which  are  responsible  for 
organizing  and  supervising  discussion  about  current  government 
policies.   These  branches  are  encouraged  to  report  public 
opinion  in  their  regions.   Such  discussions  do  not  normally 
affect  policy,  which  appears  to  be  directed  from  above. 

Section  4   Governmental  Attitude  Regarding  International  and 

Nongovernmental  Investigation  of  Alleged  Violations 
of  Human  Rights 

Requests  for  information  are  sent  to  the  Chief  Justice  of  the 
Supreme  Court,  who  acts  as  an  interlocutor  between  human  rights 
groups,  such  as  Amnesty  International,  and  the  Seychelles 
Government.   Reportedly  all  such  inquiries  have  been  answered, 
and  in  some  cases  these  inquiries  have  led  to  the  release  of 
detainees . 


259 


SEYCHELLES 

Section  5   Discrimination  Based  on  Race,  Sex,  Religion, 
Language,  or  Social  Status 

There  is  no  discrimination  in  housing,  employment,  education,  or 
other  social  services  based  on  sex  or  on  racial,  ethnic, 
national,  or  religious  identification.   Women  enjoy  high  status 
in  this  essentially  matriarchal  society.   Women  have  the  same 
legal,  political,  economic,  and  social  rights  as  men.   One  woman 
was  recently  elevated  to  the  rank  of  minister.   Two  women  are 
serving  as  central  committee  members  of  the  party.    Many  senior 
officials,  up  to  and  including  the  rank  of  secretary  of  state, 
are  women . 

CONDITIONS  OF  LABOR 

The  people  of  Seychelles  enjoy  a  relatively  high  standard  of 
living  for  a  developing  country.   Labor  laws  were  consolidated 
in  the  Employment  Act  of  1985,  which  provides  for  a  minimum 
working  age  of  14  and  a  minimum  wage  of  $165  per  month. 
According  to  officials  of  the  National  Workers  Union, 
occupational  safety  and  health  conditions  are  monitored  by  the 
Union's  inspection  program. 


260 


U.S.OVSRSEftS  -LOANS  4N0  GRANTS-  OBLIGATIONS  AND  LOAN  AUTHORIZATIONS 
(U.S. FISCAL  YEARS  -  MILLIONS  OF  DOLLARS) 


COJNTRY:  SEYCHELLES 


19S4 


1935 


1986 


I.ECON. 
LO 
GR 
A.  AID 
LO 
GR 
(S£C 
3. FOOD 
LO 
GR 
TITLE 
^EPAY 
OAY. 
TITLE 
5.REL 
VOL.R 
C.OTHE 
LO 
GR 


ASSIST. -TOTAL.. 

ANS. 

ANTS 


ANS 

ANTS 

•SUPP. ASSIST.) .. . 

FOR  PEACE 

ANS 

ANTS 

I-TOTAL 

.  IJ  $-L0AN5...., 

IN  FOR.  CURR 

II-TOTAL 

lEF. EC.DEV  I    WFP, 

ELIEF  AGENCY 

R  ECON.  ASSIST... 

ANS 

ANTS 

PEACE  CORPS 

NARCOTICS 

OTHER 


II.MIL.  ASSIST. -TOTAL. 

LOANS 

GRANTS 

A. MAP  GRftNTS , 

5. CREDIT  FINANCING.. 
C.IHTL  MIL.EO.TRNG., 
D.TRAN- EXCESS  STOCK. 
:. OTHER  GRANTS 

III. TOTAL  ECON. 

LOANS 

GRANTS.... 


i    MIL, 


2.5 

2.7 

2.3 

O.D 

0.0 

0.0 

2.5 

2.7 

2.3 

2.0 

2.2 

2.0 

0.0 

0.0 

0.0 

2.0 

2.2 

2.0 

2.0 

2.0 

1.9 

0.3 

0.3 

0.0 

0.0 

0.0 

0.0 

0.3 

0.3 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0,0 

0.0 

0.0 

0.3 

0.3 

0.0 

0.0 

0.0 

0.0 

0.3 

0.3 

0.0 

0.2 

0.2 

0.3 

0.0 

0.0 

0.0 

0.2 

0.2 

0.3 

0.2 

0.2 

0.3 

0.0 

0.0 

0.0 

0.3 

3.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

2.5 

2.7 

2.3 

0.0 

0.0 

0.0 

2.5 

2.7 

2.3 

OTHER  US  LOANS 0.0 

0, 
0, 
0. 

.0       0.0 

EX-IM  BANK  LOANS 0.0 

ALL  OTHER 0.3 

.0       0.0 

.0       0.0 

ASSISTANCE  FROfl  INTERNATIONAL  AGENCIES 
1934      1935      1986 

1946-86 

TOTAL 

3.3 

12.4 

?.5 

53.4 

IBRD 

0.0 

6.2 

0.0 

6.2 

if: 

3.0 

0.0 

9.5 

9.5 

lOA 

3.0 

0.0 

0.0 

Q.O 

108 

3.0 

0.0 

0.0 

0.0 

A03 

0.0 

0.0 

0.0 

0.0 

AFOB 

8.0 

6.0 

,  0.0 

34.2 

UNDP 

3.2 

0.2 

0.0 

3.0 

OTHER-UN 

0.1 

O.D 

0.0 

0.5 

EEC 

0.0 

0.0 

0.0 

0.0 

261 


SIERRA  LEONE 


Sierra  Leone  has  a  one-party  system  of  government  with  the 
President  exercising  predominant  executive  authority.   The 
1978  Constitution,  approved  in  a  national  referendum, 
established  the  All  People's  Congress  (APC)  as  the  sole  legal 
party  and  extended  the  term  of  then-President  Siaka  Probyn 
Stevens  until  1985.   (Stevens  first  assumed  executive  power  in 
1976  following  two  military  coups.)   Stevens  handpicked  Major 
General  Joseph  Saidu  Momoh,  then  Sierra  Leone  Military  Force 
Commander,  as  his  successor,  and  Momoh  was  confirmed  as 
President  in  a  national  referendum  on  October  1,  1985. 
Parliamentary  elections  were  held  in  May  1986.   All  candidates 
in  the  105  constituencies  were  officially  sanctioned  by  the 
party,  but  as  many  as  5  were  permitted  to  run  in  each  district. 

The  government  security  structure,  which  includes  the  police, 
the  military  forces,  and  a  Special  Security  Division  (SSD), 
does  not  generally  interfere  with  the  rights  of  individuals. 
Certain  army  units  were  accused  of  trying  to  force  merchants 
to  sell  rice  at  fixed  government  prices  in  1985,  but  there  was 
no  repetition  of  such  charges  in  1986. 

Sierra  Leone  is  considered  by  the  United  Nations  to  be  among 
the  world's  least  developed  countries.   About  70  percent  of 
its  3.9  million  population  is  engaged  in  agriculture,  mainly 
at  the  subsistence  level.   The  Constitution  recognizes  the 
right  to  own  private  property.   Most  of  the  modern  sector  of 
the  economy  is  privately  owned,  but  there  is  government 
ownership  in  certain  key  sectors,  particularly  mining  and 
transportation.   Austerity  measures  aimed  at  reforming  Sierra 
Leone's  economy  and  meeting  conditions  for  continued  access  to 
International  Monetary  Fund  loans  were  initiated  in  July 
1986.   As  a  result,  the  majority  of  the  population  has 
experienced  some  hardship,  but  there  has  been  relatively 
little  overt  public  discontent. 

There  were  no  reports  of  major  human  rights  abuses  in  Sierra 
Leone  during  1986.   Significantly  less  campaign  violence 
occurred  in  the  1986  elections  than  in  the  previous  national 
elections.   Irregularities  were  reported  in  17  constituencies, 
but  these  were  redressed  by  repelling  within  a  few  weeks  of 
the  original  election  date. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1   Respect  for  the  Integrity  of  the  Person,  Including 
Freedom  from: 

a.  Political  Killing 

There  were  no  reports  of  political  killings. 

b.  Disappearance 

There  were  no  reports  of  abduction  of  individuals  by  the 
Government  or  hostage  taking  by  nongovernmental  groups. 

c.  Torture  and  Cruel,  Inhuman,  or  Degrading  Treatment  or 
Punishment 

There  were  no  specific  reports  of  torture.   Harsh  physical 
treatment  of  prisoners  by  police,  however,  is  probably 
common.   Attorneys  occasionally  have  reported  being  shown 
bruises  and  other  marks  of  violence  on  detainees'  bodies  that 


262 


SIERRA  LEONE 

they  believe  could  have  been  caused  by  police  beatings. 
According  to  Anmesty  International's  1986  Report,  a  student 
detained  in  March  1985  was  beaten  unconscious  by  SSD 
officers.   He  had  been  detained  with  at  least  41  others  in 
connection  with  a  strike  by  the  Sierra  Leone  Motor  Driver's 
Union  called  to  protest  the  detention  and  ill-treatment  of 
some  of  its  members. 

Prisons  are  dangerously  overcrowded,  and  the  local  press  has 
deplored  prison  conditions.   Prison  deaths  due  to 
malnutrition,  pneumonia,  diarrhea,  and  gastroenteritis  are 
said  to  be  common. 

d.  Arbitrary  Arrest,  Detention,  or  Exile 

Under  Sierra  Leonean  law,  detained  persons  have  the  right  to  a 
judicial  determination  of  the  legality  of  their  detention.   It 
is  widely  charged,  however,  particularly  in  Sierra  Leonean 
legal  circles,  that  police,  as  a  form  of  harassment,  sometimes 
detain  persons  for  short  periods  without  charge.   Under  normal 
circumstances  detainees  not  charged  with  an  offense  within  28 
days  of  arrest  must  by  law  be  released,  unless  a  state  of 
emergency  is  in  effect.    During  a  state  of  emergency, 
however,  the  Public  Emergency  Act  comes  into  effect,  and 
persons  detained  under  its  provisions  are  not  guaranteed  a 
hearing  unless  charged  with  a  capital  offense.   At  the  end  of 
1986,  no  one  was  being  detained  under  public  emergency 
regulations.   Under  the  Constitution,  the  President  has  the 
right  to  order  the  detention  of  any  person  who  is,  or  is 
reasonably  suspected  to  be,  dangerous  to  the  well-being  of  the 
Republic . 

Neither  exile  nor  forced  labor  is  practiced. 

e.  Denial  of  Fair  Public  Trial 

The  judiciary  has  generally  maintained  its  independence, 
although  some  critics  charge  that  the  legal  system  is  subject 
to  political  manipulation,  often  before  cases  reach  the 
courts.   Sierra  Leone's  courts  have  a  reputation  for  providing 
fair  public  trials.   Defendants  are  allowed  counsel  of  their 
choice,  and  convictions  may  be  appealed.   Many  defendants, 
however,  cannot  afford  counsel,  and  public  defenders  are 
provided  only  in  capital  offense  cases. 

The  legal  system  is  heavily  overburdened  and  lacking  in 
resources.   This  results  in  an  average  delay  of  2  years  before 
cases  actually  come  to  trial.   The  only  official  records  of 
proceedings  are  handwritten  notes  taken  by  the  judges.   This 
practice  limits  lawyers'  access  to  written  documentation  and 
puts  in  question  the  impartiality  of  the  official  record. 

At  the  end  of  the  year,  no  political  prisoners  were  reported 
as  being  held.   However,  some  of  the  persons  convicted  for 
involvement  in  the  outbreak  of  violence  in  the  Pujehun 
District  in  1983  are  still  in  prison,  and  allegations  exist 
that  political  motivations  were  partially  behind  their  initial 
detention. 

f.  Arbitrary  Interference  with  Privacy,  Family,  Home,  or 
Correspondence 

These  rights  of  the  individual  are  generally  not  abused  by  the 
State,  and  legal  safeguards  against  arbitrary  invasion  of  the 
home  are  usually  observed.   Neither  censorship  of  mail  nor 
electronic  eavesdropping  by  the  State  on  private  conversations 


263 


SIERRA  LEONE 

have  been  reported.   Some  organizations  have  claimed  that 
informers  report  to  the  Government  on  their  activities. 

Section  2  Respect  for  Civil  Liberties,  Including: 

a.  Freedom  of  Speech  and  Press 

Although  freedom  of  speech  is  legally  guaranteed,  this  freedom 
can  be  abridged  under  the  Constitution  if  the  proper 
functioning  of  the  Government  is  deemed  to  be  in  jeopardy.   In 
practice,  the  Government  generally  tolerates  public  criticism 
by  individual  citizens,  and  academic  freedom  is  fully 
respected.   Political  propaganda  occasionally  circulates 
within  the  country  from  opposition  groups  based  in  Western 
Europe  or  the  United  States. 

There  is,  in  practice,  considerable  freedom  of  the  press  and 
no  prior  government  censorship  of  the  press.   The  10  privately 
owned  newspapers  report  on  sensitive  political  and  economic 
topics,  and  investigative  reporting  on  misuse  of  government 
funds,  bribery,  and  bureaucratic  indiscipline  has  been 
published.   The  Government,  in  the  person  of  the  President  or 
Minister  of  Information,  regularly  issues  press  releases 
stating  that  there  is  no  press  censorship  but  usually  adds 
that  critics  should  be  fair  and  place  events  in  the  context  of 
the  development  process .   The  Government  thus  expects 
journalists  to  exercise  some  self-censorship.   Most  editors 
avoid  publishing  articles  portraying  the  country  in  a  critical 
light  or  attacking  the  President  personally.   This  approach  is 
codified  in  the  Newspaper  Act  of  1983,  which  specifies 
qualification  standards  for  editors  and  sets  a  fee  for 
registration  of  newspapers.   In  1985  two  journalists  were 
imprisoned  for  contempt,  and  the  editor  of  an  independent 
newspaper.  For  Di  People,  was  imprisoned  for  over  70  days 
without  charge  or  trial  after  publishing  an  article  on  the 
excesses  of  the  Special  Security  Division.   There  were  no 
arrests  or  detention  of  members  of  the  press  in  1986. 

b.  Freedom  of  Peaceful  Assembly  and  Association 

The  Constitution  guarantees  the  right  of  freedom  of  assembly 
and  permits  the  formation  of  and  membership  in  trade  unions  or 
other  economic,  social,  or  professional  associations.   These 
rights  are,  however,  limited,  most  significantly  where 
assembly  or  association  would  conflict  with  the  "proper 
functioning  of  the  party"  or  with  public  order.   This  was  the 
rationale  employed  when  a  group  of  persons  was  detained  after 
taking  part  in  peaceful  demonstrations  in  April.   The 
detainees  were  acquitted  shortly  after  their  arrest  because 
the  Government  failed  to  prove  that  the  group's  actions 
constituted  a  serious  threat  to  public  order.   In  practice, 
freedom  of  association  in  the  nonpolitical  sphere  is  respected. 

Trade  unions  normally  are  permitted  to  operate  freely  and 
exercise  the  rights  to  organize,  negotiate,  strike  against 
employers,  join  in  confederations,  and  affiliate  with 
international  organizations.   When  trade  unions  publicly 
challenged  government  policy  in  1981,  the  Government  arrested 
approximately  180  union  members.   The  Sierra  Leone  Labor 
Congress  elected  an  executive  committee  in  1982,  but  this 
group's  political  independence  may  have  been  compromised  in 
April  1986  when  its  head  was  appointed  a  member  of 
Parliament.   Most  sectors  of  the  Sierra  Leone  economy,  except 
agriculture,  are  unionized.   The  Labor  Congress  is  a  member  of 


264 


SIERRA  LEONE 

the  International  Confederation  of  Free  Trade  Unions.   Private 
associations  of  citizens  can  and  do  make  representations  to 
the  Government  on  policy  issues  and  are  not  subject  to 
reprisals . 

c.  Freedom  of  Religion 

There  is  a  tradition  of  religious  tolerance  in  Sierra  Leone. 
There  is  no  state  or  otherwise  favored  religion.   Muslims  (the 
most  numerous  religious  group).  Christians,  animists,  and 
adherents  of  other  faiths  practice  their  religions  freely  and 
publish  religious  documents  without  government  interference. 

d.  Freedom  of  Movement  Within  the  Country,  Foreign 
Travel,  Emigration,  and  Repatriation. 

The  only  official  control  on  travel  within  the  country  is  in 
diamond  mining  areas  where  restrictions  are  intended  to 
control  smuggling.   There  are  few  regulations  restricting 
foreign  travel.   Sierra  Leone,  a  party  to  the  UN  Convention 
and  Protocol  Relating  to  the  Status  of  Refugees,  is  host  to 
approximately  290  refugees,  most  of  whom  are  students  from 
Namibia.   There  have  been  no  reported  incidents  of  forced 
repatriation. 

Section  3   Respect  for  Political  Rights:   The  Right  of  Citizens 
to  Change  Their  Government 

Former  President  Stevens  was  the  dominant  authority  in  Sierra 
Leone  until  1985,  when  he  retired  and  arranged  for  his 
succession  by  Major  General  Momoh.   The  Parliament,  at 
Stevens'  behest,  amended  the  Constitution  to  allow  Momoh  to 
become  President  without  resigning  his  military  commission, 
and  in  August  of  that  year  the  single  party,  the  All  Peoples' 
Congress,  under  the  control  of  Stevens,  nominated  Momoh  as 
President.   Since  independence  in  1961,  the  clear  trend  in 
political  development  has  been  to  increase  executive  power  and 
decrease  constitutional  checks  on  that  power.   The 
Constitution  provides  that  the  leader  of  the  party  will  be  the 
sole  candidate  for  the  office  of  President.   A  Cabinet, 
selected  by  the  President  from  elected  as  well  as  appointed 
members  of  Parliament,  meets  with  the  President  regularly  and 
is  a  key  advisory  body. 

The  unicameral  Parliament  is  subservient  to  the  executive 
branch  of  the  Government.   However,  some  observers  suggest 
that  President  Momoh  has  encouraged  a  so-called  "backbenchers" 
association  in  Parliament  to  become  an  internal  voice  of 
opposition.   Candidates  for  Parliament  are  chosen  in  each 
constituency  by  the  party's  local  executive  committee.   The 
executive  committee  chooses  up  to  five  candidates  from  the 
list  of  citizens  who  seek  nomination.   The  central  committee 
of  the  party,  among  whose  members  are  both  President  Momoh  and 
ex-President  Stevens,  can  disapprove  the  nomination  of  any 
locally  selected  nominee  whose  candidacy  it  believes  would  be 
inimical  to  the  State.   The  1986  parliamentary  elections 
generally  followed  these  guidelines,  and  all  but  6  of  the  105 
constituencies  had  contested  elections.   All  winning 
candidates,  by  the  nature  of  the  system,  were  APC  members. 
The  two  vice  presidents  were  among  the  six  members  of 
Parliament  elected  without  opposition,  but  several  prominent 
candidates,  including  former  cabinet  ministers,  were  among 
those  defeated. 


265 


SIERRA  LEONE 

In  addition  to  the  national  political  system,  a  traditional 
system  of  local  government  operates  in  the  provinces. 
Paramount  chiefs  are  elected  for  life  by  the  members  of  local 
chiefdom  councils.   The  paramount  chiefs  retain  considerable 
authority  in  local  affairs  and  in  resolving  minor  disputes 
among  their  traditional  subjects. 

There  is  universal  suffrage,  and  no  groups  are  precluded  from 
voting  because  of  gender,  tribe,  race  or  religion. 

Section  4   Governmental  Attitude  Regarding  International  and 

Nongovernmental  Investigation  of  Alleged  Violations 
of  Human  Rights. 

In  1985  members  of  the  Sierra  Leone  Bar  Association  organized 
the  Society  for  the  Preservation  of  Human  Rights,  and  in  June 
1986  its  constitution  was  ratified.   The  Government  has  not 
interfered  with  the  organization,  which  is  supported  by 
members  of  Parliament,  judges,  medical  doctors,  academics, 
civil  servants,  trade  unionists  and  the  media.   The  Society 
won  its  first  major  court  case  in  early  1986.   Local  chapters 
of  Amnesty  International  also  exist. 

Section  5  Discrimination  Based  on  Race,  Sex,  Religion, 
Language,  or  Social  Status 

There  is  no  officially  sanctioned  discrimination  on  the  basis 
of  race,  sex,  religion,  language,  or  social  status.   Members 
of  Sierra  Leone's  various  ethnic  and  religious  groups  interact 
peacefully  and  are  represented  in  all  levels  of  the 
Government.   Women  are  guaranteed  equal  rights  by  the 
Constitution,  but  their  status  varies  substantially  in 
different  parts  of  the  country  and  depends  upon  the  cultural 
values  of  various  tribal  groups.   Women  have,  in  some  regions 
of  Sierra  Leone,  been  elected  to  the  prestigious  position  of 
paramount  chief.   The  Government  continues  to  be  male 
dominated,  but  women  are  prominent  in  some  professions,  and 
one  woman  is  a  Supreme  Court  Justice.   In  the  1986 
parliamentary  elections,  only  5  of  the  112  members  elected 
were  women. 

CONDITIONS  OF  LABOR 

The  normal  work  week  is  38  1/2  hours  (7  hours  on  each  of  the  5 
weekdays  and  3  1/2  hours  on  Saturdays).   An  established  code 
sets  out  acceptable  standards  for  the  workplace,  covering 
maintenance  of  machinery,  safety  procedures,  and  sanitary 
conditions.   In  actual  practice,  however,  manufacturing 
concerns  in  Sierra  Leone,  of  which  there  are  very  few, 
probably  do  not  conform  to  the  code,  and  there  is  no 
practicable  means  of  enforcing  it.   There  is  no  minimum  age 
for  the  employment  of  children.   Sierra  Leone  has  no 
legislated  minimum  wage,  and  outside  the  public  sector  there 
are  no  comprehensive  wage  or  salary  guidelines.   Because  of 
the  recent  float  of  the  leone,  the  government  currently  is 
reviewing  existing  public  sector  wage  and  salary  scales.   In 
conjunction  with  this  review,  the  Sierra  Leone  Labor  Congress 
has  a  petition  before  the  Parliament  to  create  a  national 
minimum  wage  scale. 


266 


U.S.OV^RStftS 


■LOANS  AND  GRANTS-  OBLIGATIONS  AND  LOAN  AUTHORIZATIONS 
(U.S. FISCAL  YEARS  -  MILLIONS  OF  DOLLARS) 


COJNTRY:  SIcRRA  LEONc 


1934 


1985 


1936 


I. ECON 

L 

G 

A.  AID 

L 

G 

(S£ 

B.fOO 

L 

G 

TITLE 

REPA 

?AY. 

TITLE 

E.RE 

VOL. 

C.OTH 

L 

G 


.  ASSIST. -TOTAL.. 

OANS 

RANTS 


OANS 

RANT 

C.SU 

D  FO 

OANS 

RANT 

I-T 

Y.  I 

IN 

II- 

LIEF 

RELI 

ER  E 

OANS 

RANT 

PEA 

NAR 

OTH 


PP. ASSIST.) .. 
R  PEACE 


S , 

OTAL , 

H     t-LOANS...., 
FOR.  CURR...., 

TOTAL , 

.EC.DEV  5  WFP, 

EF  AGENCY 

CON.  ASSIST.., 


CE  CORPS. 
COTICS... 
ER 


3.5 
3.3 
5.5 

1.0 

O.D 
1.0 
0.0 
4.6 
3.0 
1.6 
3.0 
3.0 
0.0 


0.0 
0;0 


9.1 

4.0 
5.1 
0.3 
0.0 
0.3 
0.0 
5.7 
4.0 
1.7 
4.0 
4.0 
0.0 
1.7 
0.1 
1.6 
3.1 
0.0 
3.1 
3.1 
0.0 
0.0 


3.4 

0.0 
3.4 
0.3 
0.0 
0.3 
0.0 
0.0 
0.0 
0.0 
0.0 
0.0 
0.0 
0.0 
0.0 
0.0 
3.1 
0.0 
3.1 
3.1 
0.0 
0.0 


II.MIL.  ASSIST. -TOTAL... 

LOANS 

GRANTS 

A. MAP  GRANTS 

3. CREDIT  FINANCING.... 
:.INTL  MIL.EO.TRMG.... 
3.TRAN-EXCESS  STOCK... 
E. OTHER  GRANTS 


0.0 
O.D 
0.0 
0.0 
0.0 
0.0 
O.D 
0.0 


0.1 
0.0 
0.1 
0.0 
0.0 
0.1 
0.0 
0.0 


0.1 

0.0 
0.1 

0.0 
0.0 
0.1 
0.0 
0.0 


III. TOTAL  ECON. 

LOANS , 

GRANTS.... 


3  MIL... 


8.5 
3.0 
5.5 


9.2 
4.0 
5.2 


3.5 
0.0 
3.5 


OTHER  US  LOANS.... 
EX-IM  BANK  LOANS. 
ALL  OTHER , 


O.D 
0.3 
0.0 


0.0 
0.0 
0.0 


0.0 
0.0 

0.0 


ASSISTANCE    FROM    INTERNATIONAL    AGENCIES 
1934  1985  1986 


1946-86 


TOTAL 

22.5 

9.3 

5-3 

221.8 

IBRD 

0.0 

0.0 

0.0 

18.7 

IFC 

0.0 

0.0 

0.0 

2.1 

IDA 

21.5 

0.0 

5.3 

124.3 

IDB 

0.0 

0.0 

0.0 

0.0 

ADS 

0.0 

0.0 

0.0 

0.0 

AF03 

0.0 

1.1 

.  0.0 

37.5 

UNOP 

1.0 

3.7 

0.0 

30.5 

OTHER-UN 

0.0 

4.5 

0.0 

8.7 

EEC 

0.0 

0.0 

0.0 

0.0 

267 


SOMALIA 


Somalia  has  been  ruled  for  the  past  17  years  by  President 
Mohamed  Siad  Bar re,  head  of  the  armed  forces  and  Secretary 
General  of  the  Somali  Revolutionary  Socialist  Party,  the 
country's  sole  legal  political  party.   The  formal  government 
structure  includes  a  National  People's  Assembly,  created  in 
1980,  and  a  Council  of  Ministers.   The  members  of  the  Peoples 
Assembly  were  last  elected  on  a  single  slate  in  December  1984 
with  no  provision  for  alternative  or  dissenting  votes.   The 
Council  of  Ministers  is  appointed  by  President  Siad.   The 
President  also  regularly  convenes  the  party  politburo,  a  close 
circle  of  advisers  composed  of  the  four  or  five  most  powerful 
ministers,  who  also  represent  the  major  clans  and  clan  groups 
in  Somalia.   Informal  and  formal  consultations  between  the 
leadership  and  clans  and  clan  groups  also  have  a  major  impact 
on  internal  politics. 

The  ultimate  source  of  the  President's  political  authority  is 
the  military,  which  brought  him  to  power  in  1969.   The  police 
force  performs  day-to-day  operations  in  maintaining  civil 
order.   These  two  uniformed  services  are  augmented  by  the 
National  Security  Service  (NSS),  created  in  1970,  which  has 
essentially  unlimited  powers  of  arrest,  detention,  and 
confiscation  in  matters  deemed  to  involve  national  security. 

Somalia  is  a  poor  country  with  few  natural  resources.   Most  of 
its  estimated  population  of  7.6  million  earn  a  bare 
subsistence  as  herdsmen  or  farmers.   The  country's  economy 
suffers  from  periodic  drought  and  overcentralization. 
Recurrent  conflict  with  Ethiopia  has  entailed  heavy  defense 
expenditures  and  a  massive  refugee  problem.   However,  since 
1983  the  Government  has  been  introducing  new  policies  to 
encourage  development  of  the  small  private  sector  and  to 
initiate  financial  reforms  with  the  assistance  of  the 
International  Monetary  Fund,  the  World  Bank,  and  the  Agency 
for  International  Development.   These  reforms  have  had 
salutary  effects  on  production  and  exports  and  have  also 
lowered  the  inflation  rate. 

There  was  no  significant  change  in  Somalia's  human  rights 
situation  in  1986.   Civil  and  political  rights  remain  tightly 
circumscribed,  and  public  criticism  of  the  Government  is  not 
allowed.   The  Government  shows  little  hesitation  to  imprison 
those  it  sees  as  a  threat  to  security.   Two  antiregime 
organizations,  operating  out  of  Ethiopia,  conducted  infrequent 
military  attacks  against  Somali  Government  and  army 
establishments,  primarily  in  northern  Somalia. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1   Respect  for  the  Integrity  of  the  Person,  including 
Freedom  from: 

a.   Political  Killing 

There  were  credible  reports  that  an  Isaak  tribesman,  a  member 
of  the  antigovernment  Somali  National  Movement,  whom  the 
Somalis  concluded  was  working  for  Ethiopia,  was  executed 
without  trial  in  March.   Opposition  groups  were  responsible 
for  a  few  deaths  or  woundings  of  civilians  in  the  course  of 
their  attacks  on  government  establishments.   While  the 
opposition's  avowed  targets  are  the  military,  a  recent  change 
in  tactics  involves  use  of  land  mines,  which  have  injured  some 
civilians.   Amnesty  International's  1986  Report  noted 


268 


SOMALIA 

unconfirmed  reports  of  extrajudicial  executions  of  unarmed 
civilians  in  1985  by  the  security  forces  in  areas  of  armed 
conflict . 

b.  Disappearance 

There  were  no  reported  cases  of  disappearance. 

c.  Torture  and  Cruel,  Inhuman,  or  Degrading  Treatment  or 
Punishment 

There  are  periodic  but  unsubstantiated  allegations  of  the  use 
of  torture  by  police  and  security  officials.   For  example, 
letters  sent  to  President  Siad  Barre,  Ambassador  Ha j i  Nur ,  and 
State  Department  officials  allege  that  four  detained  Somali 
high  school  students  were  tortured  before  being  sentenced  to 
death  in  Hargeisa  for  unspecified  charges  in  August  1986. 
There  is  evidence  that  authorities  routinely  apply  rough 
treatment  in  order  to  obtain  confessions  from  criminal 
suspects.   Somali  prisons  are  frequently  unsanitary,  and 
living  conditions  are  harsh.   According  to  Amnesty 
International's  1986  Report,  political  prisoners  are 
reportedly  held  in  harsh  conditions  in  maximum  security 
prisons,  are  denied  contact  with  their  families  and,  in  some 
cases,  are  held  in  solitary  confinement.   Upon  release  from 
prison,  some  political  prisoners  have  been  restored  to  their 
old  government  jobs  or  have  had  new  jobs  created  for  them. 

d.  Arbitrary  Arrest,  Detention,  or  Exile 

Despite  constitutional  provisions  that  accord  Somali  citizens 
the  right  to  formal  charges  and  a  speedy  trial,  the  criminal 
procedure  code  was  modified  in  1970  to  exempt  crimes  involving 
national  security  from  specific  time  limits  and  rules  of 
procedure.   Those  arrested  for  expression  of  critical  views  of 
the  Government  may  be  charged  with  crimes  against  the  State, 
such  as  sedition  and  conspiracy  against  the  State,  and  held 
indefinitely  without  ever  being  brought  to  trial.   The 
National  Security  Service  is  empowered  to  arrest  without  a 
warrant  anyone  suspected  of  a  crime  involving  national 
security.   There  is  no  provision  for  bail  in  any  but  minor 
cases  before  the  National  Security  Court. 

There  are  an  estimated  300  to  500  political  detainees,  of  whom 
at  least  200  are  being  held  without  charge,  including  6  former 
members  of  Parliament  arrested  in  1982,  presumably  for  alleged 
coup  plotting.   There  is  no  known  movement  toward  trial  in  any 
of  these  cases.   Some  detainees  are  also  held  incommunicado 
for  various  lengths  of  time.   The  Government  provides  no 
information  about  the  number  of  detainees.   The  Government 
does  not  practice  exile.   In  January,  President  Siad  Barre 
publicly  offered  amnesty  to  dissidents  abroad  who  wished  to 
return  to  Somalia. 

Compulsory  labor  is  not  permitted  under  the  Somali  labor 
code.   However,  occasional  campaigns  are  organized  by  the 
Government  or  the  party  in  which  "voluntary"  labor  is  used  in 
cleaning  up  streets  and  is  sporadically  enforced  by 
paramilitary  youth  units.   Prisoners  occasionally  perform 
labor  as  part  of  their  penal  servitude. 


269 

SOMALIA 

e.  Denial  of  Fair  Public  Trial 

The  Somali  judicial  system  includes  civil/criminal  courts, 
headed  by  a  Supreme  Court,  and  a  separate  National  Security 
Court.   Lawyers  are  permitted  to  represent  suspects  before  the 
National  Security  Court,  but  proceedings  are  not  always  open 
to  the  public.   In  contrast,  the  civil  and  criminal  courts  are 
conducted  openly.   Although  nominally  independent,  the 
judiciary  is  in  fact  not  distinguishable  as  an  institution 
from  the  executive.   The  results  are  subject  to  review  and 
control  by  the  executive.   All  judges  in  the  Supreme  Court  and 
lower  courts  are  appointed  by  the  President  with  the  advice  of 
the  Higher  Judicial  Council,  of  which  the  President  is  the 
chairman.   The  right  to  appeal  exists  in  criminal  and  civil 
cases  but  not  in  cases  heard  by  the  National  Security  Court. 
In  the  civil  and  criminal  courts,  legal  assistance  is 
provided,  and  there  are  established  rules  of  evidence.   There 
are  no  religious  courts  in  Somalia.   In  certain  civil 
proceedings  relating  to  family  matters,  such  as  marriage  and 
inheritance,  the  judge  may  cite  the  Koran  in  rendering 
decisions . 

f.  Arbitrary  Interference  with  Privacy,  Family,  Home,  or 
Correspondence 

"Mobilization  Campaigns"  are  organized  by  the  Somali 
Revolutionary  Socialist  Party  to  promote  public  participation 
in,  and  enthusiasm  for,  various  civic  and  national  programs, 
as  well  as  general  support  for  government  policies. 
Participation  in  these  campaigns  is  urged  but  not  strictly 
enforced.   Military  press  gangs  are  often  used  to  provide 
"recruits"  for  the  army.   The  National  Security  Service  has 
the  authority  to  search  homes  without  warrants.   This 
authority  extends  to  monitoring  communications  and  opening 
mail,  although  there  is  no  evidence  that  such  practices  are 
broadly  used.   The  NSS  can  effectively  track  the  movements  of 
persons  through  its  comprehensive  network  of  informants.   Some 
more  traditional  families  arrange  marriages  for  their 
children,  but  the  Government  does  not  interfere  with  this 
facet  of  family  life. 

Section  2  Respect  for  Civil  Liberties,  Including: 

a.   Freedom  of  Speech  and  Press 

The  Government  forbids  public  expression  of  dissenting  views. 
The  media  are  owned  and  operated  by  the  Government.   There  is 
one  weekly  newspaper,  published  in  Arabic  and  Italian,  which 
is  privately  owned  but  government  controlled.   The  press 
disseminates  only  information  and  opinion  acceptable  to  the 
Government.   The  Central  Censorship  Board  retains  control  over 
all  media  including  publications  (foreign  and  local) 
circulated  within  the  country,  films,  plays,  concerts,  and 
other  means  of  communication,  such  as  videotapes  whether 
imported  or  produced  in  Somalia.   In  1986  the  only  publication 
subject  to  frequent  censorship  was  the  magazine  Africa  Report 
published  in  New  York.   In  the  past,  some  Italian  publications 
have  been  banned,  as  well  as  the  quarterly  journal  Horn  of 
Africa  published  in  New  Jersey  by  Somali  and  Ethiopian 
intellectuals  who  reside  in  the  United  States.   One  incident 
of  censorship  of  the  weekly  magazine  Newsweek  occurred  in 
1986,  when  a  letter  concerning  Ethiopian  refugees  was  blacked 
out  of  all  issues  distributed  in  the  country. 


270 


SOMALIA 

b.  Freedom  of  Peaceful  Assembly  and  Association 

All  nonreligious  organizations  and  public  gatherings  are 
subject  to  government  control  or  supervision.   Protests 
against  government  policies  are  not  permitted.   In  April  a 
short-lived  rally  in  favor  of  imposition  of  the  Islamic 
Shari'a  Law  resulted  in  the  arrest  of  nearly  100  participants. 

The  country's  single  labor  confederation,  the  General 
Federation  of  Somali  Trade  Unions  (GFSTU)  is  government 
controlled  and  its  members  do  not  have  the  right  to  strike. 
Organizing  a  strike  is  punishable  by  the  death  penalty.   The 
GFSTU 's  main  function  is  to  monitor  the  work  force  and  provide 
a  conduit  for  worker  grievances.   The  GFSTU  is  a  member  of  the 
Organization  of  African  Trade  Union  Unity  and  the 
International  Confederation  of  Arab  Trade  Unions  and 
participates  in  the  International  Labor  Organization. 

c.  Freedom  of  Religion 

Islam  is  the  state  religion  of  Somalia,  and  nearly  100  percent 
of  the  population  is  Muslim.   The  Government  monitors  the 
topics  of  sermons  preached  in  the  mosques  and  occasionally 
will  arrest  a  religious  leader  whose  text  strays  too  far  into 
political  areas.   The  Government  arrested  Somalis  and  deported 
expatriates  for  Muslim  Brotherhood  activities,  but  contends 
that  the  Brotherhood  which  seeks  to  apply  Islamic  tenets  to 
politics,  is  a  secular,  not  a  religious,  organization. 
Somalis  are  free  to  participate  in  the  Hajj,  and  many  do  so 
annually.   Members  of  other  religions  may  freely  practice 
their  faiths,  but  proselytizing  is  not  permitted. 

In  June  there  were  credible  but  unconfirmed  reports  that  the 
Government  arbitrarily  arrested  some  Islamic  "extremists"  and 
accused  them,  among  other  things,  of  using  religion  to  incite 
people  against  the  security  of  the  State.  These  "extremists" 
were  reported  to  be  radical  Shia.  (Somalis  are  predominantly 
of  the  Sunni  sect  of  Islam.) 

d.  Freedom  of  Movement  Within  the  Country,  Foreign 
Travel,  Emigration,  and  Repatriation 

Internal  travel  is  not  formally  restricted  but  is  controlled 
through  police  and  military  checkpoints  in  towns,  border 
areas,  and  regions  noted  for  interclan  violence.   Although  any 
Somali  citizen  can  obtain  a  passport,  the  Government  denies 
exit  visas  to  categories  of  people  it  prefers  to  keep  in 
country,  such  as  young  men  of  military  age  and  to  those  under 
police  surveillance.   Emigration  is  permitted  for  all  but 
government  employees.   Somalis  who  have  gone  abroad  are  not 
restricted  from  repatriation.   Those  who  have  been  involved  in 
dissident  activities  against  the  regime  may  face  questioning 
or  imprisonment  upon  their  return,  although  some  returning 
dissidents  who  have  renounced  their  opposition  to  the  regime 
have  been  welcomed  back  and  provided  with  government  jobs. 

Somalia  provides  a  home  to  a  much  disputed  number  of  refugees 
from.  Ethiopia.   Estimates  range  from  the  Government's  figure 
of' 800,000  down  to  350,000.   Most  are  ethnic  Somalis.   In  1986 
there  was  an  increase  in  the  number  of  non-Somalis  seeking 
refuge  in  Somalia.   The  Oromos  who  fled  to  Somalia  state  that 
they  were  fleeing  from  the  Ethiopian  Government's 
villagization  and  collectivization  policies.   The  Somali 
Government  officially  welcomes  refugees  to  stay  or  to  return 


271 


SOMALIA 

to  Ethiopia  as  they  wish.   Real  obstacles  to  voluntary 
repatriation,  beyond  the  lack  of  agreement  with  Ethiopia,  do 
exist,  but  some  observers  believe  the  Somali  Government  may  be 
using  the  issue  of  repatriation  as  a  tool  in  its  long-running 
conflict  with  Ethiopia.   Limited  repatriation,  assisted  by  the 
United  Nations  High  Commissioner  for  Refugees,  has  begun;  and 
about  1,000  refugees  have  returned  to  Ethiopia.   The  increase 
in  the  number  of  non-Somalis  has  created  some  ethnic  tension 
in  the  northern  region.   These  recent  arrivals  for  the  most 
part,  like  other  non-Somalis  displaced  into  Somalia,  are  not 
allowed  to  assimilate  into  the  Somali  population. 

The  Somali  Government  recently  issued  approximately  60  travel 
documents  to  refugees  in  Somalia  who  qualified  for 
resettlement  in  the  United  States.   These  persons  had  been 
waiting  for  at  least  2  years  for  this  documentation. 

Section  3   Respect  for  Political  Rights:   The  Right  of  Citizens 
to  Change  Their  Government 

President  Siad  Barre  rules  Somalia  and  controls  political 
participation  through  a  single  legal  political  party,  the 
Somali  Revolutionary  Socialist  Party.   The  party  directs 
participation  in  Somali  political  affairs  by  individuals  and 
organizations,  such  as  the  General  Federation  of  Somali  Trade 
Unions,  the  Somali  Women's  Democratic  Organization,  and  the 
Somali  Revolutionary  Youth  Organization.   Voting  for  the 
People's  Assembly  entails  only  a  vote  for  or  against  the 
party's  national  slate,  although  one  need  not  necessarily  be  a 
member  of  the  party  to  be  included  as  a  candidate  on  the 
slate.   President  Siad  Barre,  the  sole  candidate  for 
president,  was  reelected  to  another  7  year  term  on  December 
23.   There  is  no  legal  opposition  to  the  Government,  and 
public  criticism  of  its  policies  is  forbidden.   Somalia  has 
only  one  indigenous  ethnic  group,  the  Somali,  which  is 
subdivided  into  clans  and  clan  groups.   Although  the  country 
is  ethnically  and  linguistically  homogeneous,  clan  divisions 
have  a  great  impact  on  domestic  politics.   President  Siad 
recognizes  the  continuing  strength  of  the  traditional, 
clan-based  political  coalitions,  and  government  officials 
frequently  hold  formal  and  informal  consultations  with  various 
clan  leaders.   President  Siad  has  used  clan  politics  to 
maintain  his  rule  by  placing  members  of  his  own  clan,  the 
Marehan,  in  key  positions.   He  is  conscious  of  clan 
constituencies,  and  members  of  other  clans  also  occupy 
important  positions.   Clan  identification  is  very  strong,  and 
for  many  Somalis,  the  traditional  clan  system  is  the  accepted 
vehicle  of  political  expression.   Clan  politics  and  clan 
rivalries  occasionally  erupt  into  violence. 

Women  and  minorities  participate  in  politics  and  government. 
The  Somali  Women's  Democratic  Organization,  though  subordinate 
to  the  party,  has  advocated  greater  political  participation 
and  mobilization  for  women.   A  number  of  women  are  members  of 
the  People's  Assembly.   Other  women  occupy  relatively 
important  positions  in  various  ministries.   Several  vice 
ministers  and  one  ambassador  are  women. 

Section  4   Governmental  Attitude  Regarding  International  and 

Nongovernmental  Investigation  of  Alleged  Violations 
of  Human  Rights 

The  Somali  Government  has  refused  requests  by  foreign 
officials  and  human  rights  organizations  to  visit  political 
prisoners,  and  it  has  not  responded  to  requests  from  various 


272 


SOMALIA 

governments  and  organizations,  such  as  the  International 
Parliamentary  Union,  to  release  the  six  parliamentarians  who 
have  been  detained  without  charge  since  1982.   In  November 
1985  Amnesty  International  proposed  a  visit  of  inquiry  to 
Somalia.   At  the  end  of  1986,  the  Government  had  not  yet 
responded  to  that  request.   The  International  Committee  of  the 
Red  Cross  (ICRC)  has  a  representative  in  Somalia  and  is 
allowed  visits  to  prisoners  of  war  from  the  1977-78  Ogaden 
Conflict.   The  Somali  Government  requires  that  witnesses  be 
present  at  ICRC  interviews.   There  has  been  no  repatriation  or 
exchange  of  these  prisoners  of  war,  although  the  Governments 
of  Ethiopia  and  Somalia  discussed  the  issue  during  1986. 
There  are  no  Somali  organizations  which  actively  address  human 
rights  issues.   In  international  forums,  official  Somali 
remarks  on  human  rights  are  usually  restricted  to  general 
statements  and  criticism  of  human  rights  practices  in 
Ethiopia . 

Section  5   Discrimination  Based  on  Race,  Sex,  Religion, 
Language,  or  Social  Status 

While  there  is  no  overt  discrimination  of  economic  benefits 
among  the  various  clans  and  clan  groups  in  Somalia,   members 
of  certain  clans  with  good  political  connections  in  the 
Government  have  been  able  to  capitalize  on  the  current 
economic  liberalization.   There  is  no  discrimination  regarding 
access  to  education  and  health  services  on  clan  or  ethnic 
basis,  although  these  social  services  are  generally  available, 
if  at  all,  only  in  larger  urban  areas  of  the  country. 

While  they  have  considerable  inheritance  and  ownership  rights, 
Somali  women  suffer  from  traditional  discrimination  in  work 
and  family  matters.   Long-established  practices,  such  as 
female  circumcision,  remain  prevalent  despite  Government 
opposition.   Dowries  and  "wife  buying"  are  also  prevalent  in 
the  more  traditional  rural  areas. 

CONDITIONS  OF  LABOR 

Somalia  has  comprehensive  labor  legislation  which  establishes 
minimum  safety  and  health  conditions  for  the  workplace.   These 
are  applicable  to  the  modern,  or  cash,  sector  of  an  economy 
which  is  predominantly  pastoral  and  agricultural.   The  minimum 
age  for  employment  of  children  is  15,  and  persons  under  18 
years  of  age  are  not  permitted  to  work  at  night  or  in  certain 
hazardous  occupations.   However,  there  is  considerable  child 
labor  on  the  margins  of  the  economy.   Children  sell  cigarettes 
on  the  street,  carry  bags  in  the  market,  and  watch  and  clean 
cars  to  support  themselves  and  supplement  family  incomes.   The 
established  workday  is  8  hours  a  day,  with  a  total  of  48  hours 
per  week,  and  overtime  hours  can  be  limited.   Workers  are 
entitled  to  paid  holidays,  annual  leave,  and  holiday  bonuses. 
However,  the  salary  scale  is  extremely  low,  especially  in  the 
public  sector.   The  average  salary  of  a  civil  servant  is 
roughly  $15  per  month.    Workers  resort  to  second  jobs, 
bribes,  misuse  of  public  funds,  assistance  from  other  family 
members,  and  remittances  from  abroad  to  support  themselves  and 
their  families.   Productivity  in  the  public  sector  is 
extremely  low,  and  many  civil  servants  make  minimal 
appearances  in  their  offices.   A  civil  service  reform  is 
beginning,  through  which  it  is  projected  public  sector  jobs 
will  be  cut  by  attrition  and  salaries  increased. 


273 


U.S.OVHRSE45  -LOANS  AND  GRANTS-  03LIGATI0NS  AND  LOAN  AUTHORIZATIONS 
(U.S. FISCAL  YEARS  -  MILLIONS  OF  DOLLARS) 


COUNTRY:  SOMALIA 


1984 


1985 


1986 


I.5C0N. 
LO 
&R 
A.  AID 
LO 
GR 
(SEC 
3. FOOD 
LO 
GR 
TITLE 
REPAY 
PAY. 
TITLE 
5.REL 
VCL.R 
C.OTHE 
LO 
GR 


ASSIST. -TOTAL. 

ANS 

ANTS 


ANS 

ANTS 

.SU'P. ASSIST.)  ... 

FOR  PEACE , 

ANS 

ANTS 

I-TOTAL , 

.  IN  $-L0AN3...., 

IN  FOR.  CURR 

II-TCTAL , 

lEF.EC.DEV  i  HFP. 

ELIEF  AGENCY 

R  ECON.  ASSIST.., 

ANS , 

ANTS 

PEACE  CORPS 

NARCOTICS , 

OTHER , 


II.MIL.  ASSIST. -TOTAL, 

LOANS , 

GRANTS , 

A. MAP  GRANTS , 

3. CREDIT  FINANCING., 
:.INTL  MIL.E0.TRN3., 
O.TRAN-EXCESS  STOCK, 
E. OTHER  GRANTS , 


III. TOTAL  ECON.  S  '^IL, 

LOANS , 

GRANTS 


81.7 

82.7 

44.5 

16.0 

20.0 

CO 

65.7 

62.7 

44.5 

50.6 

51  .0 

44.5 

0.0 

0.0 

0.0 

50.6 

51.0 

44.5 

35.0 

30.0 

22.0 

31.1 

31  .7 

0.0 

16.0 

20.0 

0.0 

15.1 

11.7 

0.0 

16.0 

20.0 

0.0 

16.0 

20.0 

0.0 

0.0 

0.0 

0.0 

15.1 

11.7 

0.0 

15.1 

11.7 

0.0 

O.G 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

O.Q 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

33.0 

34.1 

20.2 

0.0 

0.0 

0.0 

33.0 

34.1 

20.2 

32.0 

33.0 

19.1 

0.0 

0.0 

0.0 

1.3 

1.1 

1.1 

0.0 

0.0 

0.0 

0.0 

0.0 

0.0 

1U.7 

116.8 

64.7 

16.0 

20.0 

0.0 

93.7 

96.8 

64.7 

OT-l£R  US  LOANS.  ..  , 
EK-IH  BAN<  LOANS, 
ALL  OTHER 


0.0 
0.0 
0.0 


0.0 
0.0 
0.0 


0.0 
0.0 
0.0 


ASSISTANCE  FROM  INTERNATIONAL  AGENCIES 
19S4      1985      1986 


1946-86 


TOTAL 

35.3 

51.5 

34.3 

532.2 

IB^D 

3.0 

0.0 

0.0 

0.0 

IFC 

3.0 

0.6 

0.0 

1.0 

IDA 

31.5 

20.6 

34.3 

28?. 3 

ID3 

3.0 

0.3 

0.0 

0.0 

AD3 

0.0 

0.0 

0.0 

0.0 

AFDB 

3.0 

27.9 

.     0.0 

83.9 

uinp 

1.3 

2.7 

0.0 

60.7 

OHER-UN 

5.0 

O.'O 

0.0 

13.3 

Es: 

0.0 

0.0 

0.0 

78.5 

274 


SOUTH  AFRICA 


South  Africa  is  a  multiracial  society  whose  laws  codify  the 
doctrine  of  apartheid,  which  prescribes  the  basic  rights  and 
obligations  of  people  according  to  their  racial  or  ethnic 
origin.   The  country's  black  majority  (72  percent  of  its 
population)  continues  to  suffer  from  pervasive,  legally 
sanctioned  discrimination  based  on  race  in  political,  economic, 
and  social  aspects  of  life.   The  "colored"  (mixed-race)  and 
Asian  minorities  also  suffer  from  extensive  racial 
discrimination,  although  to  a  somewhat  lesser  degree  than 
South  Africa's  black  population.   Currently,  the  political 
rights  of  the  black  majority  are  confined  to  participation  in 
tightly  controlled  urban  councils  in  the  country's  black 
residential  areas  ("townships")  and  through  the  10  government- 
designated  tribal  areas  known  as  "homelands."   Blacks  have 
been  excluded  from  even  the  limited  political  changes  that 
have  been  made  under  South  Africa's  new  Constitution, 
implemented  in  1984,  which  features  a  racially  based 
tricameral  Parliament  with  a  dominant  white  House  of  Assembly, 
a  colored  House  of  Representatives,  and  an  Asian  House  of 
Delegates.   The  respective  groups  are  represented  in 
Parliament  on  a  racial  ratio  of  4/2/1 — white/colored/Asian. 
Blacks  do  not  have  the  right  to  vote  in  national  elections  and 
have  no  representation  in  Parliament. 

In  1986  there  was  a  major  deterioration  of  human  rights  in 
South  Africa.   Throughout  the  year,  political  discontent  and 
violence  persisted  in  the  nation's  black  and  colored  townships. 
Following  the  July  1985-March  1986  State  of  Emergency,  the 
Government  imposed  a  new  State  of  Emergency  on  June  12,  1986, 
which  remained  in  effect  at  the  end  of  the  year.   Under  both 
States  of  Emergency,  police  and  military  exercised 
extraordinary  arrest  and  detention  powers.   Furthermore, 
legislative  amendments  passed  in  1986  gave  the  executive  branch 
broad  emergency  powers  without  the  need  for  a  declaration  of  a 
State  of  Emergency. 

The  South  African  Institute  of  Race  Relations  (SAIRR)  reported 
Ohat  1,263  people  had  died  as  the  result  of  political  unrest 
from  January  to  November.   Most  of  the  deaths  occurred  in  the 
first  half  of  the  year,  prior  to  the  imposition  of  the  second 
State  of  Emergency.   By  the  end  of  1986,  human  rights  groups 
estimated  more  than  20,000  people  had  been  detained  under  this 
second  State  of  Emergency.   An  estimated  10,000  remained  in 
detention  at  the  end  of  the  year.   The  Black  Sash,  an 
antiapartheid  organization,  estimated  up  to  1,800  of  those 
detainees  were  under  the  age  of  18,  including  many  children 
15  years  of  age  or  younger.   Leaders  of  the  opposition  United 
Democratic  Front  (UDF),  a  coalition  of  more  than  600 
antiapartheid  groups,  and  various  black  trade  unions  were 
special  targets  for  detention  under  the  latest  State  of 
Emergency.   Throughout  the  State  of  Emergency,  there  were 
widespread  reports  of  continuing  officially  sanctioned  acts  of 
violence  against  dissidents,  despite  the  State  President's 
public  call  in  June  for  good  behavior  by  security  forces. 

The  banned  African  National  Congress  (ANC),  most  of  whose 
leadership  is  in  exile,  imprisoned,  or  operating  underground 
within  South  Africa,  proclaimed  1986  as  a  year  of  intensified 
armed  struggle  against  the  apartheid  system.   In  1986  the  ANC 
claimed  responsibility  for  a  number  of  acts  of  urban  terrorism 
and  landmine  explosions  in  rural  areas,  although  it  often 
equivocated  on  its  responsibility  for  incidents  which  involved 
civilian  deaths.   The  ANC  also  called  on  blacks  to  overthrow 
the  apartheid  regime  by  concerted  acts  of  violence,  notably 


275 


SOUTH  AFRICA 

against  black  police  and  township  officials,  to  make  the 
townships  ungovernable.   ANC  leader  Nelson  Mandela,  imprisoned 
after  being  convicted  for  sabotage  in  1964,  continued  to  serve 
a  life  sentence,  despite  repeated  domestic  and  international 
calls  for  his  release.   In  1986  the  Government  reiterated  its 
earlier  position  that  it  would  release  Mandela  only  if  he 
renounced  violence. 

Other  opponents  of  apartheid,  such  as  young  black  activists  in 
the  townships,  also  advocated  and  engaged  in  violent  attacks 
on  black  township  officials  and  others  suspected  of 
"collaborating"  with  the  Government.   Many  blacks  were 
attacked  by  activists  attempting  to  enforce  protest  activities 
such  as  school  or  consumer  boycotts. 

The  Government  imposed  progressively  harsher  curbs  on  the 
media  throughout  the  year  to  prevent  the  reporting  of  political 
unrest  and  antigovernment  activities.   In  December  the 
Government  tightened  existing  emergency  regulations  to  prohibit 
reporting  on  a  variety  of  politically  related  topics  without 
clearance  by  state  censors. 

In  the  first  half  of  1986,  Parliament  enacted  some  changes  in 
the  apartheid  system.   These  changes  included  abolition  of 
influx  control  or  "pass"  laws,  which  for  years  extensively 
regulated  the  right  of  South  African  blacks  to  be  present  in 
urban  areas.   Parliament  passed  legislation  permitting  some 
blacks  to  regain  the  South  African  citizenship  they  had  lost 
involuntarily  in  previous  years  when  some  homelands  were  given 
"independence."   The  Government  also  introduced  a  freehold 
system  of  land  ownership  for  blacks,  permitting  them  to  own 
residences  in  urban  areas  designated  for  blacks  under  the 
Group  Areas  Act.   Notwithstanding  the  reforms,  race  still 
remains  the  fundamental  basis  for  the  organization  of  South 
African  society.   Discriminatory  laws  and  practices  remain 
woven  throughout  the  fabric  of  South  African  life. 

In  November  the  Indaba — a  constitutional  convention  of  leaders 
of  all  races  from  the  province  of  Natal  and  the  homeland  of 
KwaZulu — issued  a  far-reaching  proposal  for  a  new  unified 
governmental  structure  for  Natal/KwaZulu .   The  proposal 
included  a  bill  of  rights  with  firm  constitutional  guarantees 
of  individual  liberties  and  a  universal  franchise.   The 
Government  had  not  commented  on  the  proposal  by  the  end  of  the 
year,  but  the  Indaba  leaders  planned  to  present  it  formally  to 
the  Government  for  approval  and  hold  a  referendum  among  the 
people  of  Natal  and  KwaZulu. 

A  serious  economic  downturn  since  1984  has  been  a  significant 
factor  in  generating  political  unrest.   Some  economic 
indicators  in  mid-1986  pointed  to  a  modest  improvement  in  the 
country's  growth  rate.   The  Government  has  estimated  that  an 
annual  real  growth  rate  of  5  to  6  percent  is  necessary  for  the 
economy  to  absorb  the  approximately  250,000  black  entrants  to 
the  labor  market  each  year.   An  even  higher  rate  of  growth 
would  be  necessary  to  reduce  present  black  unemployment,  which 
private  observers  estimate  at  25  percent  or  more. 

In  May  the  South  African  Defense  Force  (SADF)  launched 
simultaneous  air  raids  on  alleged  ANC  training  camps  in 
Botswana,  Zimbabwe,  and  Zambia.   In  addition,  attacks  were 
made  against  Lesotho  and  Swaziland  which  were  widely  believed 
to  have  been  launched  by  South  African  commandos.   Several 
people,  including  refugees  under  the  protection  of  the  United 


276 


SOUTH  AFRICA 

Nations  High  Commissioner  for  Refugees  (UNHCR) ,  were  killed  or 
injured  in  these  raids. 

RESPECT  FOR  HUMAN  RIGHTS 

Section  1  Respect  for  the  Integrity  of  the  Person,  Including 
Freedom  from: 

a.   Political  Killing 

Political  violence  in  South  Africa  continued  in  1986.   The 
SAIRR  reported  1,263  unrest-related  deaths  from  January  to 
November,  an  increase  over  the  1985  total  of  879  deaths.   Most 
of  the  deaths  occurred  in  the  first  half  of  1986.   There  was  a 
marked  decrease  in  the  niamber  of  unrest-related  deaths 
following  the  imposition  of  the  State  of  Emergency.   In 
December  the  SAIRR  said  that  conflict  within  the  black 
community  accounted  for  45  percent  of  all  political  fatalities 
in  1986;  deaths  at  the  hands  of  security  forces,  33  percent; 
deaths  in  unclear  political  circumstances,  12  percent; 
insurgency-related  deaths  and  casualties  among  security 
forces,  10  percent. 

Police  often  qiaelled  demonstrations  with  excessive  force, 
utilizing  tear  gas,  birdshot,  whips,  and  rubber  bullets,  and, 
at  times,  live  ammunition.   On  March  26  police  in 
Bophuthatswana  (one  of  four  so-called  "independent"  homelands) 
opened  fire  on  a  group  of  several  thousand  demonstrators  in 
Winterveldt,  near  Pretoria,  killing  at  least  11  people. 

While  many  unrest-related  deaths  occurred  as  a  result  of 
police  action,  a  sizable  number  of  killings  resulted  from 
internecine  political  strife  within  the  black  community.   In 
August  the  Government  Bureau  of  Information  said  that  there 
were  more  than  300  deaths  by  burning  alone  as  a  result  of 
"black-on-black"  violence  from  January  through  mid-June  of 
1986.   Many  of  these  deaths  involved  the  notorious  "necklace," 
in  which  a  gasoline-soaked  automobile  tire  is  placed  around 
the  victim's  neck  and  then  lighted.   In  April  authorities  in 
the  Lebowa  homeland  found  the  remains  of  more  than  30  victims 
of  suspected  black-on-black  violence  in  shallow  graves  in 
Sekhukuneland.   It  was  not  clear  whether  these  killings  were 
politically  motivated.   As  of  the  end  of  1986,  they  were  still 
unsolved.   Many  were  killed  in  clashes  between  supporters  of 
different  political  factions,  such  as  Inkatha,  the  Azanian 
Peoples'  Organization  (AZAPO) ,  and  the  UDF. 

Some  critics  of  the  Government  have  claimed  that  much 
black-on-black  violence  was  instigated  by  covert  government 
agents.   In  some  instances,  most  notably  in  fighting  in  May 
and  June  in  the  "Crossroads"  scruatter  camps  in  Cape  Town, 
there  was  ample  evidence  to  support  this  charge.   Early  in  the 
year,  residents  of  the  black  township  of  Alexandra  (near 
Johannesburg)  furnished  affidavits  in  which  they  said  that 
known  police  officers  had  participated  in  fire  bomb  incidents 
in  the  township.   The  Government  supports  vigilante  groups 
that  ostensibly  ensure  neighborhood  safety,  and,  in  some  cases 
of  unrest,  the  police  have  stood  aside  to  let  armed  vigilante 
groups  subdue  dissidents.   In  the  KwaNdebele  homeland,  a  late 
member  of  the  leadership  allegedly  led  gangs  who  attacked 
groups  opposed  to  the  acceptance  of  independence  for  that 
homeland.   In  January  there  were  reports  that  police  observed 
a  violent  incident  in  which  UDF  leader  Ample  Mayisa  was 
murdered  in  the  Transvaal  township  of  Leandra  but  did  nothing 
to  prevent  it.   On  December  1,  unidentified  gunmen  in  the 


277 


SOUTH  AFRICA 

Pretoria  township  of  Mamelodi  assassinated  Dr.  Fabian  Ribeiro 
and  his  wife.   Both  were  known  for  their  opposition  to  the 
Government.   Circumstantial  evidence  pointed  to  the  possible 
involvement  of  elements  of  the  government  security 
establishment  in  these  killings,  which  remained  unsolved  at 
the  end  of  1986. 

As  in  prior  years,  1986  saw  a  continuation  of  the  serious 
problem  of  suspicious  deaths  while  in  police  custody.   In 
April  Lucky  Kutumela,  a  journalist  and  member  of  the  AZAPO, 
died  in  police  custody  of  head  injuries  only  hours  after  being 
taken  into  detention.   Also  in  April,  Peter  Nchabaleng,  a 
Transvaal  provincial  official  of  the  UDF,  died  in  the  custody 
of  the  Lebowa  homeland  police.   Authorities  claimed  he 
suffered  a  sudden  heart  attack,  but  family  members  said  that 
Nchabaleng,  59,  was  in  good  health  at  the  time  of  his  arrest 
and  had  no  history  of  heart  difficulties.   As  of  the  end  of 
1986,  the  Government  had  not  undertaken  prosecutions  in  either 
of  these  cases.   Several  other  deaths  of  detainees  occurred 
during  1986,  although  not  all  involved  political  figures. 
Simon  Marule,  a  20-year-old  detainee,  died  while  in  custody  in 
December  of  what  police  described  as  an  epileptic  seizure,  but 
his  family  claimed  that  he  had  no  history  of  epilepsy.   Some 
of  the  deaths  of  detainees  were  reported  suicides.   South 
African  human  rights  groups  have  pointed  out  that,  of  89  known 
deaths  in  detention  since  1963,  at  least  29  have  been 
attributed  to  suicide. 

The  ANC,  a  revolutionary  organization  that  openly  advocates 
the  overthrow  of  the  apartheid  regime,  encouraged  violent 
activity  throughout  the  year  but  often  equivocated  or  was 
silent  on  the  question  of  responsibility  for  individual 
terrorist  incidents.   Following  a  car  bomb  blast  in  Durban  in 
mid-June  that  killed  three,  the  ANC  declined  comment  on  what, 
if  any,  responsibility  it  had  for  the  incident.   It  equivocated 
with  regard  to  a  number  of  other  urban  terrorist  incidents  and, 
with  regard  to  still  others,  denied  involvement.   As  in 
previous  years,  in  1986  the  ANC  primarily  targeted  offices  and 
installations  involved  with  the  administration  of  apartheid 
(so-called  "hard"  targets),  although  it  did  hit  some  civilian 
or  "soft"  targets. 

In  1986  the  ANC  continued  with  its  1985  strategy  of  blurring 
the  distinction  between  hard  and  soft  targets.   While  ANC 
rhetoric  from  overseas  broadcasts  urged  a  spread  of  violence 
to  white  areas,  officials  of  the  organization  disavowed  a 
strategy  of  deliberately  hitting  civilian  targets,  but  said 
that  the  involvement  of  civilians  as  "crossfire"  victims  was 
inevitable.   In  August  the  ANC  acknowledged  responsibility  for 
a  landmine  attack  in  the  eastern  Transvaal.   The  ANC  takes  the 
position  that  white  farmers  in  northern  border  areas  of  South 
Africa  constitute  part  of  the  Government's  security 
establishment.   In  April  a  court  in  Durban  convicted  Andrew 
Zondo,  an  admitted  ANC  supporter,  of  five  counts  of  murder  in 
connection  with  a  December  1985  shopping  center  bomb  blast  in 
Amanzimtoti,  near  Durban.   Zondo  received  the  death  sentence. 
After  exhausting  judicial  appeals,  he  was  executed  in 
September . 

Many  casualties  in  black  township  political  violence  were  due 
to  attacks  by  radical  blacks  on  township  government  officials, 
black  policemen,  and  other  suspected  "collaborators."   These 
attacks  were  probably  at  least  partly  inspired  by  the  ANC, 
which  has  called  on  blacks  to  render  the  townships  ungovernable 
and  to  attack  so-called  collaborators  in  the  black  community. 


278 


SOUTH  AFRICA 

The  Pan-Af ricanist  Congress  (PAC),  another  antiapartheid 
organization  in  exile,  also  advocated  violent  opposition  to 
the  South  African  Government.   In  addition,  many  blacks  in 
South  Africa  espoused  or  condoned  violent  opposition  to 
apartheid.   In  April  Winnie  Mandela,  wife  of  jailed  ANC  leader 
Nelson  Mandela,  said  in  a  speech:   "With  our  boxes  of  matches 
and  our  necklaces,  we  shall  liberate  this  country."   Many 
young  black  activists  in  the  townships  (so-called  "comrades") 
were  responsible  for  numerous  acts  of  violence  and 
intimidation.   In  several  instances,  they  killed  or  seriously 
injured  blacks  who  they  believed  were  not  complying  with  such 
protest  activities  as  school  or  consumer  boycotts.   Frequently, 
the  distinction  between  politically  motivated  violence  and 
common  crimes  has  been  blurred  where  criminal  elements  in  the 
townships  with  no  political  motivation  have  posed  as 
"comrades . " 

b.   Disappearance 

In  recent  years  many  people  have  disappeared,  reportedly  into 
police  custody,  for  long  periods.   Some,  missing  for  very  long 
periods  of  time,  are  suspected  by  friends  and  associates  to 
have  been  killed  by  security  forces.   South  African  law  does 
not  require  notification  of  an  individual's  family,  lawyer,  or 
any  other  person  in  the  event  of  his  detention  or  arrest.   The 
second  Police  Amendment  Act  of  1980  prohibits  the  unauthorized 
publication  of  the  name  of  any  person  detained  where  "the 
prevention  of  or  combating  of  terroristic  activities"  is  the 
reason  for  the  detention. 

In  the  weeks  following  the  Government's  June  12  State  of 
Emergency  declaration,  various  human  rights  groups  estimated 
the  number  of  "disappeared"  persons  at  12,000  or  more. 
Because  the  Government,  for  a  period  of  more  than  2  months, 
would  not  release  the  names  of  detained  persons,  human  rights 
groups,  families  of  missing  persons,  and  lawyers  were  unable 
to  distinguish  between  "detained"  and  "disappeared"  persons. 
In  August  the  Minister  of  Law  and  Order  tabled  a  list  of  8,553 
State  of  Emergency  detainees  in  Parliament.   Several  weeks 
later,  a  supplemental  list  of  786  persons  was  added.   These 
lists  only  included  detainees  held  for  at  least  30  days.   As 
of  the  end  of  1986,  this  constituted  the  Government's  only 
official  public  accounting  of  emergency  detainees.   The 
opposition  Progressive  Federal  Party  (PFP)  and  human  rights 
monitoring  groups  estimated  that  substantial  '  .mbers  of 
detainees  were  not  named  by  the  Government  in  the  August  list, 
claiming  that  by  mid-August  the  Government  had  detained  between 
10,000  and  12,000  persons  under  the  emergency.   While 
government  spokesmen  say  that  family  members  were  routinely 
informed  of  emergency  detentions,  in  practice  this  did  not 
occur  in  numerous  instances. 

Following  the  June  12  emergency  declaration,  many  black 
activists  reportedly  left  the  country  surreptitiously  or  went 
into  hiding  to  avoid  detention.   These  circumstances  further 
complicated  the  task  of  accurately  accounting  for  the  many 
persons  who  reportedly  disappeared  after  June  12.   Government 
press  curbs  imposed  in  December  prohibited  news  reporting  on 
detention  cases  and  on  unresolved  litigation  concerning 
detentions  without  prior  government  clearance,  which  rendered 
the  task  of  accounting  for  missing  persons  still  more 
problematic . 


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c.   Torture  and  Cruel,  Inhuman,  or  Degrading  Treatment  or 
Punishment 

Security  legislation,  in  particular  the  Internal  Security  Act, 
allows  police  considerable  latitude  and  generally  unsupervised 
discretion  in  the  arrest  and  detention  of  suspects  and  in  the 
interrogation  of  detainees.   The  Act  allows  for  lengthy  periods 
of  detention  during  which  authorities  are  not  obliged  by  law  to 
present  formal  charges.   Such  detentions  are  a  frequent 
occurrence  and  offer  considerable  potential  for  police  abuse 
of  detainees.   State  of  Emergency  regulations  exempting  law 
enforcement  officials  from  both  criminal  and  civil  liability 
for  "good  faith"  acts  undertaken  in  enforcing  both  States  of 
Emergency  were  cited  by  many  observers  as  giving  police  the 
impression  that  they  have  a  license  to  engage  in  abusive 
conduct . 

In  1986  many  persons  who  had  been  released  after  being  detained 
under  State  of  Emergency  and  security  legislation  regulations 
gave  accounts  of  beatings  and  other  abuses  by  police.   They 
reported  that  they  had  been  held  in  solitary  confinement  during 
their  detention.   Others  gave  accounts  of  torture  by  police, 
including  applications  of  electric  shocks  to  hands,  feet,  and 
genitals.   Most  of  the  latter  cases  allegedly  occurred  during 
and  immediately  following  arrest  and  often  appear  to  be  the 
result  of  poor  discipline  on  the  part  of  police  officials. 
The  chances  of  physical  abuse  taking  place  appear  to  diminish 
once  a  detainee  is  processed  and  made  part  of  the  general 
inmate  population.   Instances  of  abuse  in  prisons,  while  not 
unheard  of,  appear  to  happen  with  much  less  frequency  than  is 
the  case  at  police  stations.   At  the  end  of  1986,  the  Detainee 
Parents'  Support  Committee  (DPSC)  released  a  report  in  which  a 
medical  panel  it  sponsored  had  surveyed  approximately  500 
released  detainees  under  both  States  of  Emergency.   The 
survey's  preliminary  findings  indicated  that  83  percent  showed 
signs  of  some  physical  abuse. 

In  August  the  Southern  African  Catholic  Bishops'  Conference 
brought  an  application  in  the  Supreme  Court  alleging  that  its 
Secretary  General,  Father  Smangaliso  Mkhatshwa,  had  been 
tortured  by  security  forces  while  held  in  State  of  Emergency 
detention.   Available  evidence  suggested  that  Father 
Mkhatshwa 's  allegations  of  physical  abuse  were  true.   In 
response  to  this  application,  the  Government  agreed  that  its 
personnel  would  refrain  from  physical  abuse  of  Father 
Mkhatshwa,  without  admission  of  any  such  abuse.   The  Government 
has  permitted  Supreme  Court  judges  to  visit  State  of  Emergency 
detainees  in  prisons  and  in  police  cells.   Government  press 
regulations  issued  in  December  banned  reporting  on  conditions 
of  detention  without  prior  government  clearance. 

In  a  June  12  televised  address  on  the  State  of  Emergency,  the 
State  President  said  that  security  forces  "are  the  friends  of 
each  peace-loving  and  law-abiding  citizen  of  this  country. 
The  Government  expects  them,  at  all  times,  to  act  in  such  a 
way  that  there  could  be  no  doubt  of  this."   For  the  most  part, 
the  Government  has  undertaken  no  serious  public  effort  to  hold 
erring  police  and  other  security  force  members  accountable  for 
apparent  abuse  of  detainees.   In  1986  two  policemen  were 
convicted  of  assault  arising  out  of  a  1985  attack  on  Natal 
Indian  Congress  Official  Billy  Nair,  which  took  place  in 
September  1985  while  Nair  was  in  detention.   In  March  police 
in  the  Lebowa  homeland  assaulted  an  American  citizen,  Beth  Ann 
Burr  is,  while  breaking  up  a  meeting  at  a  church  with  whips  and 
tear  gas.   The  available  evidence  indicated  that  Ms.  Burris 


66-986  0-87-10 


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was  an  innocent  bystander  who  fell  victim  to  random  and  brutal 
police  conduct.   While  she  pursued  criminal  charges  against 
the  police,  Lebowa  authorities  obstructed  this  effort.   In  May 
a  court  in  the  Eastern  Cape  convicted  one  black  security  police 
officer  of  murder  and  another  of  assault  in  connection  with 
attacks  on  young  blacks. 

d.   Arbitrary  Arrest,  Detention,  or  Exile 

The  Internal  Security  Act  authorizes  the  Minister  of  Law  and 
Order  to  order  detention  without  trial  for  varying — in  some 
instances  potentially  unlimited — periods  of  time.   In  1986 
amendments  to  the  Internal  Security  Act  introduced  a  new  form 
of  preventive  detention  of  up  to  180  days  which  could  be  used 
in  "unrest  situations."   The  Minister  of  Law  and  Order  himself 
must  personally  issue  "preventive  detention"  orders  under 
section  28  of  the  Act.   Senior  police  officials  have  broad 
powers  to  detain  people  for  interrogation  under  Section  29  of 
the  Act  when  offenses  such  as  terrorism,  sabotage,  or  inciting 
a  revolution  are  suspected.   Access  to  Internal  Security  Act 
detainees  is  severely  restricted.   In  May  the  Appellate 
Division  of  the  Supreme  Court  ordered  the  release  of  several 
Internal  Security  Act  detainees  under  Section  28  of  the  Act, 
holding  the  terms  of  the  detention  orders  to  be  insufficient 
to  make  out  a  proper  case  of  risk  to  the  security  of  the  state 
under  the  Act.   This  and  other  court  decisions,  while  holding 
that  the  Government  improperly  detained  numerous  persons, 
nonetheless  implicitly  sanctioned  Internal  Security  Act 
detentions  when  done  in  strict  compliance  with  the  Act. 

Invoking  the  Public  Safety  Act  of  1953,  the  Government  imposed 
a  new  State  of  Emergency  June  12,  1986,  which  remained  in 
force  at  the  end  of  the  year.   Many  observers  characterized 
the  latter  State  of  Emergency  as  a  more  draconian  version  of 
the  July  1985  emergency  declaration.   Under  the  June  1986 
emergency,  in  effect  nationwide,  SADF  members  and  police 
officers  down  to  the  rank  of  constable  were  empowered  to 
detain  persons  for  a  period  of  14  days.   At  the  expiration  of 
this  period,  the  Minister  of  Law  and  Order  could  extend  the 
detention  for  an  indefinite  period  of  time,  limited  only  by 
the  duration  of  the  State  of  Emergency.   Following  the 
emergency  declaration,  the  Government  made  immediate  and 
widespread  use  of  these  powers,  arresting  thousands  and 
detaining  them  without  criminal  charges.   Black  trade  union 
officials  and  members  of  the  UDF  were  particular  targets. 

At  the  end  of  1986,  the  DPSC  estimated  total  emergency 
detentions  since  June  12  at  approximately  20,000.   The  Black 
Sash  organization  said  up  to  1,800  of  the  detainees  were  under 
the  age  of  18,  including  many  children  15  years  of  age  or 
younger.   The  Government  admitted  in  December  that  256  children 
under  the  age  of  16  were  in  detention,  but  did  not  say  how 
many  detainees  between  the  ages  of  16  and  18  were  being  held. 
In  addition,  more  than  2,400  people  were  reportedly  detained 
under  non-State  of  Emergency  security  legislation  during  the 
first  9  months  of  1986,  181  of  whom  were  still  in  custody  as 
of  the  end  of  September.   Amnesty  International's  1986  Report 
estimated  that  2,000  of  those  detained  in  1985  under  the  first 
State  of  Emergency  were  under  16  years  of  age. 

While  no  accurate  statistics  are  available,  it  is  believed 
that  a  majority  of  detainees  under  the  first  State  of  Emergency 
(an  estimated  total  of  more  than  10,000  persons  in  7  1/2 
months)  were  not  charged  with  criminal  offenses.   Similarly, 


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most  persons  detained  under  the  June  12,  1986  State  of 
Emergency  have  not  been  criminally  charged. 

Many  political  figures,  community  activists,  lawyers, 
churchmen,  trade  union  officials,  journalists,  and  others  were 
detained  under  the  June  12  State  of  Emergency.   Prominent 
figures  among  the  emergency  detainees  were:   Richard  Ramodipa, 
Executive  Board  member.  Black  Lawyers'  Association;  Saths 
Cooper,  President,  AZAPO;  Phiroshaw  Camay,  General  Secretary, 
Congress  of  Unions  of  South  Africa;  Zwelakhe  Sisulu,  Editor, 
New  Nation  newspaper;  Father  Smangaliso  Mkhatshwa,  Secretary 
General  of  the  South  African  Catholic  Bishops'  Conference;  and 
Bishop  Sigisbert  Ndwandwe  of  the  Anglican  Church.   Ramodipa, 
Cooper,  and  Camay  were  freed  at  the  end  of  August  and  Bishop 
Ndwandwe  in  September  without  criminal  charges  being  filed 
against  them.   Sisulu  was  released  in  July  but  rearrested  in 
December.   The  Labor  Monitoring  Group  (LMG),  which  gathered 
statistics  on  State  of  Emergency  detentions  of  unionists,  said 
in  late  August  that  333  trade  unionists  remained  in  State  of 
Emergency  detention,  while  a  grand  total  of  2,775  union 
members  were  detained  at  one  time  or  another  since  June  12. 
LMG  figures  indicated  that  79  percent  of  labor  detainees  were 
affiliated  with  the  black  membership  of  the  Congress  of  South 
African  Trade  Unions  (COSATU). 

Arbitrary  arrests  also  occurred  frequently  in  the  so-called 
"independent"  homelands,  which  have  security  legislation 
comparable  to  South  Africa's,  and  whose  law  enforcement 
officers  cooperate  closely  with  the  South  African  police 
establishment.   In  November  Dean  Simon  Farisani  of  the 
Evangelical  Lutheran  Church  was  detained  in  Venda .   He  remained 
in  custody  without  being  charged  as  of  the  end  of  1986.   Police 
held  him  incommunicado,  despite  requests  for  visits  by  his 
family  and  legal  representatives. 

Foreign  nationals  enjoyed  no  immunity  from  arbitrary  emergency 
detention.   For  example,  in  June  security  police  in  Nylstroom, 
Transvaal,  detained  Charles  Zechman,  an  American  citizen 
missionary.   Zechman  was  held  in  solitary  confinement  for  30 
days,  was  refused  visitors  (except  for  two  consular  visits), 
and  was  later  released  without  being  charged,  but  with  the 
condition  that  he  depart  promptly  from  South  Africa. 
Similarly,  in  June  Pretoria  police  detained  Annica  van 
Gylswyck,  a  Swedish  citizen  with  permanent  residence  in  South 
Africa  and  a  prominent  figure  in  the  Black  Sash  antiapartheid 
organization.   Following  5  weeks  in  solitary  confinement, 
police  presented  Mrs.  van  Gylswyck  with  an  ultimatum  to  depart 
the  country  or  face  180  days  in  detention  to  be  followed  by 
unspecified  criminal  charges.   Both  Mr.  Zechman  and  Mrs.  van 
Gylswyck  departed  South  Africa  following  their  respective 
releases. 

The  Internal  Security  Act  also  authorizes  the  Minister  of  Law 
and  Order  to  issue  "banning"  orders.   Under  such  orders,  any 
person  judged  by  the  Minister  to  be  endangering  law  and  order, 
threatening  state  security,  or  promoting  the  aims  of  communism 
or  an  unlawful  organization  can  be  (1)  made  to  resign  as  an 
officer  or  member  of  any  organization;  (2)  restricted  to  or 
excluded  from  certain  areas;  (3)  prohibited  from  meeting  with 
more  than  one  person  at  a  time;  (4)  ordered  to  report  regularly 
to  a  police  station;  and  (5)  prohibited  from  being  quoted